1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017) [2021] ZALMPPHC 33 (20 July 2021)

1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017) [2021] ZALMPPHC 33 (20 July 2021)

The court found that the Taxing Master exercised her discretion properly in determining the reasonableness of the hourly rate and the scale of costs. She was not bound by the written agreement between attorney and client and correctly ruled that the agreed hourly rate was exorbitant, instead allowing the tariff plus 100%, which benefited the respondents. The Taxing Master considered the relevant facts and was not required to rely solely on case law. The court held that there was no material error in the Taxing Master's rulings and no grounds to interfere. The respondents' review application was accordingly dismissed.

Citation
[2021] ZALMPPHC 33
Parties
Applicant: 1st Insurance Brokers (Pty) Ltd; Applicant: Kerstel Financial Services (Pty) Ltd; Respondent: Gaylord Tapiwa Mudavangu; Respondent: Abigail Pheladi Mokaba; Respondent: Thokozile Pinkie Mohlari; Respondent: Oracle Financial Services; Respondent: Registrar Short Term Insurance
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
20 July 2021
Case Number
7134/2017
Procedural Posture
Review Application / Review of Taxing Master's Rulings Under Rule 48
Outcome
The respondents' review application is dismissed. No order as to costs.
Judges
KGANYAGO
Legal Topics
Taxation of Costs, Attorney and Own Client Costs, Review of Taxing Master, Uniform Rules of Court, Reasonableness of Fees
Civil Procedure Taxation of Costs Attorney and Own Client Costs Review of Taxing Master Uniform Rules of Court Reasonableness of Fees

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Parties

1st Insurance Brokers (Pty) Ltd

Applicant

Kerstel Financial Services (Pty) Ltd

Applicant

Gaylord Tapiwa Mudavangu

Respondent

Abigail Pheladi Mokaba

Respondent

Thokozile Pinkie Mohlari

Respondent

Oracle Financial Services

Respondent

Registrar Short Term Insurance

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Rulings Under Rule 48

Legal Issues

  1. 1 Whether the Taxing Master erred in allowing party and party costs plus 100% on specified items of the bill of costs.
  2. 2 Whether the Taxing Master properly exercised her discretion in determining the reasonableness of the hourly rate and the scale of costs.
  3. 3 Whether the Taxing Master failed to consider relevant case law and legal principles in her rulings.

Ratio Decidendi

The court found that the Taxing Master exercised her discretion properly in determining the reasonableness of the hourly rate and the scale of costs. She was not bound by the written agreement between attorney and client and correctly ruled that the agreed hourly rate was exorbitant, instead allowing the tariff plus 100%, which benefited the respondents. The Taxing Master considered the relevant facts and was not required to rely solely on case law. The court held that there was no material error in the Taxing Master's rulings and no grounds to interfere. The respondents' review application was accordingly dismissed.

Court Disposition

The respondents' review application is dismissed. No order as to costs.

Orders

  • The respondents' review application is dismissed.
  • No order as to costs.