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AI summary
The Western Cape High Court dealt with an urgent application in which the applicants abandoned the relief after the matter had been set down. The court granted leave to withdraw, refused a request to use company funds for a shareholder’s legal costs, and ordered the first applicant to pay the respondents’ costs on a party and party scale, including counsel on scale C.
This may be relevant to costs, withdrawal after set-down, section 165(6) litigation in a company’s name, and a request to fund legal costs from company funds.
Evidence from source
The applicants shall deliver a notice of withdrawal in terms of that rule within five days of the date of this order.
Supports: Supports the deadline for delivering the notice of withdrawal.
The first applicant’s claim for an order permitting him to pay 80 per cent of the attorney and own client costs of this application to the applicants’ attorney out of the funds of the second applicant is refused.
Supports: Supports the refusal of the funding claim from company funds.