This case dealt with the question of costs of a withdrawn application and the related question whether the application had been launched in a reasonable manner.
The third respondent had been granted permission to construct a fluidized waste bed incinerator. The applicant, the Wildlife and Environment Society of South Africa launched the application for, inter alia, orders setting aside the corresponding permission. The applicant, however, conceded at the outset that the significance of one of its primary concerns, namely the concern about the emission of large quantities of hexavalent chromium from the incinerator, had been reduced at the time of launching the application. It followed that one of the major reasons for launching this application, had fallen away. Therefore the applicant had decided to withdraw a part of the application. The applicant contented that no order as to costs ought to be made by the Court.
A report had revealed that due to a new process in the incinerator the solid waste extracted from the waste streams that was to be disposed of in the incinerator contained no chrome that had been added in the tanning process.
The court had to decide whether in launching the application the applicant had acted reasonably. The significance of the new waste collection process in the report had escaped the applicant’s attention. The court held that the applicant’s conduct in launching the application was not reasonable. The applicant had acted out of the best of motives arising out of its very real concern for the environment. It had whished, in the public interest, to prevent the installation of a waste disposal system which it considered would be gravely harmful to the environment and to human life. However, in the light of all the circumstances pertaining at the time the proceedings were instituted and of which circumstances applicant, had it exercised due care, should have been aware, its concerns had already been met and the application was therefore unnecessary. Applicant was therefore ordered to pay the costs of the respondents in the main application.