The applicant (the defendant in the main action) seeks an order directing the respondent (plaintiff in the main action) to pay the alleged wasted cost occasioned by the removal of the main action from the trial roll for 25 October 2010. The applicant also seeks a further costs order against the respondent in respect of his application. The application is opposed by the respondent.

Background

The respondent instituted action against the respondent for inter alia, unlawful arrest and detention and malicious prosecution. The arrest was effected in November 2003 and summons was issued on 14 February 2006. On 9 March 2007 the applicant raised a special plea of non-compliance with the provisions of section 3 (2) (a) of the Institution of Legal Proceedings against certain Organs of State Act 40 of 2002.

On 16 September 2010 the respondent filed her replication and also an application for condonation of her non-compliance with the aforesaid legislation. The application for condonation, which had become opposed was set down for hearing on 23 September 2010. The trial date had been set down for hearing at the respondent’s behest and enrolled for 25 October 2010.