Rule 263 of the Supreme Court Civil Rules 2006 (SA) does not exhaustively define the exceptions to the general rule that costs follow the event. The court retains an unfettered discretion under s 40 of the Supreme Court Act 1935 (SA) to award costs in favour of an unsuccessful party where the successful party's conduct justifies departure from the general rule, including where a party resorts to self-help and changes position at trial.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
4 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.