The introduction of the Uniform Civil Rules 2020 (SA) does not alter the fundamental position that courts have an unfettered discretion as to costs and that costs follow the event. A successful party's refusal to accept settlement offers does not justify departure from the usual costs order where the party was entitled to insist on their legal rights and was ultimately vindicated, and where the offers did not recognise the successful party's legitimate interests. A costs order cannot be used to compel a party to accept a repudiation of contract or to force a commercial outcome.
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