Litigation and disputes are often traumatic experiences, especially on the personal front. Divorcees will attest to that. Business usually is perceived as being shielded from this somewhat intensely personal experience. As an attorney, knowing that a company is on the other side of the dispute is the security for costs application.
In a recent case, Fusion Properties 233 CC v Stellenbosch Municipality (932/2019) [2021] ZASCA 10, the legal battle between Fusion and the municipality had an excessively lengthy and complicated history. The municipality argued the existence of any valid agreement between them and Fusion. Fusion argued that the parties did enter into a valid sale of agreement of R32 million. The municipality then turned to the High Court and applied for a declaration that there was no contractual link between them and Fusion. Security for costs is an order requiring a party to pay money to the court or provide a bond or guarantee as security for their opponent s fees o