An on-off urgent interdict which started on Friday to stop the demolition of the old Green Point stadium came too late, and by the time it was heard on Monday, it was already "moot" because demolition of the stadium had been completed, the Cape High Court heard.
Instead of argument concentrating on the urgent interdict, the court heard an argument by legal representatives for the Local Organising Committee (LOC) of Fifa seeking a ruling for payment of their legal costs by the Cape Town Environmental Protection Association (Cepa), which brought the urgent action.
Cepa indicated that, as the stadium had already been demolished, seeking an urgent interdict was moot and that left only the question of costs.
This is the second action Cepa has launched to stop the building of Fifa's new 2010 stadium. Another application to review the council?s decision to build the new 68000-seater stadium is still awaiting a ruling on when it will be heard and whether it is urgent.
Gary Myburgh SC, for the city council, argued on Monday that Friday's urgent interdict, which was amended to form another interdict on Monday, should be struck from the roll by Judge Lee Bozalek. He said it was not urgent, because when it was launched, demolition of the old stadium had reached a point that what remained was of no use.
Myburgh had made available a permit to Cepa's legal representatives on Monday which indicated that all demolition had been completed, said Deon Irish SC, counsel for Cepa.
Irish said seeking costs was an "opportunistic attempt by two large organisations with very deep pockets to try and railroad a public interest group out of court with cost orders". He asked that the matter be postponed and that the question of costs stand over.
Peter Hodes SC, for the LOC, argued that as the organisation was based in Johannesburg, it resided outside the jurisdiction of the court, and that it had not been given the required 21 days? notice to file answering papers.

