Judicial Precedent

Thompson v South African Broadcasting Corporation

CitationNot expressly stated in the judgment text; the Supreme Court of Appeal decision was delivered on 8 March 2001 but no official law report citation is provided in the extract.

JurisdictionZA

Area of Law

Civil ProcedureAppellate ProcedureCosts in Litigation

Facts of the Case

The applicant, Desmond James Thompson, had been sued by the South African Broadcasting Corporation (SABC) in the Cape High Court and was ordered to pay damages and costs. He appealed to the Supreme Court of Appeal (SCA), which upheld his appeal, set aside the High Court’s judgment, and replaced it with an order of absolution from the instance. However, the SCA made no order as to the costs in the High Court, with the result that Thompson had to bear his own trial costs. Dissatisfied with this aspect of the order, Thompson applied to the SCA for reconsideration of the costs order, arguing that because costs had not been argued during the appeal, the costs order was provisional and open to reconsideration.

Judicial Outcome

The application for reconsideration of the costs order was dismissed with costs (subject to the court’s finding that the employment of two counsel by the respondent for the costs application was not reasonably necessary).

Legal Significance

This case clarifies the limited circumstances in which an appellate court may reconsider a costs order and underscores that such reconsideration cannot be used as a backdoor appeal against factual findings. It reinforces important principles concerning the finality of judgments, the function of heads of argument and oral submissions in appellate proceedings, and the discretion of courts in awarding costs.