Form LC 5Form C4Punitive costsLegal practitioner and client scaleVexatious litigation
Tags
Review applicationProcedural defectsCosts on higher scaleWithdrawal of application
legislation
Statutes Cited
Labour Court Rules, 2017
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicant's conduct warranted an order of costs on the higher scale","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant persisted with defective application despite notification of defects; withdrew only at hearing"}
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background
Facts of the Case
Background
The applicant filed a review application using the wrong form (Form C4 instead of Form LC 5) without a sworn affidavit. Despite the respondent raising these defects in the Notice of Opposition and Heads of Argument, the applicant persisted until the hearing date when he sought to withdraw the application with costs on the ordinary scale. The respondent objected and insisted on costs on the higher scale.
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