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Expropriation Act, 1975 (Act No. 63 of 1975)

15. Orders as to costs in Supreme Court

 

1) [Deleted by section 14(a) of Act 45 of 1992.]

 

2) If the compensation awarded by the court in any proceedings contemplated in section 14(1)-
a) is equal to or exceeds the amount last claimed by the owner one month prior to the date for which the proceedings were for the first time placed on the roll, costs shall be awarded against the Minister;
b) is equal to or less than the amount last offered by the Minister one month prior to the date contemplated in paragraph (a), costs shall be awarded against the owner in question;
c) is less than the amount last so claimed by the owner in question, but exceeds the amount last so offered by the Minister, so much of the costs of the owner shall be awarded against the Minister as bears to such costs the same proportion as the difference between the compensation so awarded and the amount so offered, bears to the difference between the amount of compensation so awarded and the amount so claimed.

 

3) Notwithstanding the provisions of subsection (2), the court shall in its discretion decide as to the costs -
a) in a case not mentioned in subsection (2);
b) if any party did not within a reasonable time comply with reasonable requests under section 10(7);
c) if any party abused the provisions of section 10(7); or
d) if, in the opinion of the court, the conduct of any party during or prior to the proceedings, justifies a deviation from subsection (2).

 

3A) In the case of a conflict between the provisions of this section and the provisions of section 14 the provisions of the last-mentioned section shall prevail.

 

4) The liability for costs and taxation fees of a party to be compensated shall be a first charge against the money which, in terms of the order of court, and the interest which, in terms of section 12(3), is to be paid to him, and such money and interest shall be applied, as far as may be required, towards the payment of those costs and fees.