Africon Engineering International (Edms) Bpk and Another v Taxing Master NO and Others (4582/03) [2005] ZAWCHC 27; 2005 (6) SA 397 (C) (20 April 2005)

Africon Engineering International (Edms) Bpk and Another v Taxing Master NO and Others (4582/03) [2005] ZAWCHC 27; 2005 (6) SA 397 (C) (20 April 2005)

The court held that applicants, as parties properly joined under Rule 13 and jointly and severally liable for costs, were entitled to notice of taxation under Rule 70(4) of the Uniform Rules of Court. The right to be heard, reflected in both Rule 13(5) and Rule 70(4), extends to all matters affecting their liability, including taxation. The second respondent's election to recover costs only from the third respondent did not affect the applicants' entitlement to notice, as their liability was established by the settlement agreement and their joinder. The failure to notify applicants deprived them of the opportunity to participate in the taxation process and oppose the bills, rendering the...

Citation
[2005] ZAWCHC 27
Parties
Applicant: Africon Engineering International (Edms) Bpk; Applicant: H de Clercq; Respondent: Die Takseermeester N.O.; Respondent: WPK Landbou Bpk; Respondent: Bessemer Staalkonstruksie (Edms) Bpk
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 April 2005
Case Number
4582/03
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The decision to tax the bills of costs is reviewed and set aside. Second respondent ordered to pay costs on an attorney and client scale.
Judges
Meer
Legal Topics
Taxation of Costs, Notice of Taxation, Joinder of Parties, Uniform Rules of Court, Attorney and Client Costs
Civil Procedure Taxation of Costs Notice of Taxation Joinder of Parties Uniform Rules of Court Attorney and Client Costs

Case Brief

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Parties

Africon Engineering International (Edms) Bpk

Applicant

H de Clercq

Applicant

Die Takseermeester N.O.

Respondent

WPK Landbou Bpk

Respondent

Bessemer Staalkonstruksie (Edms) Bpk

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether applicants, as parties joined under Rule 13 and jointly and severally liable for costs, were entitled to notice of taxation under Rule 70(4).
  2. 2 Whether the failure to give notice of taxation to applicants rendered the taxation irregular and subject to review and setting aside.
  3. 3 Whether a punitive costs order against the second respondent was warranted for failure to notify applicants.

Ratio Decidendi

The court held that applicants, as parties properly joined under Rule 13 and jointly and severally liable for costs, were entitled to notice of taxation under Rule 70(4) of the Uniform Rules of Court. The right to be heard, reflected in both Rule 13(5) and Rule 70(4), extends to all matters affecting their liability, including taxation. The second respondent's election to recover costs only from the third respondent did not affect the applicants' entitlement to notice, as their liability was established by the settlement agreement and their joinder. The failure to notify applicants deprived them of the opportunity to participate in the taxation process and oppose the bills, rendering the...

Court Disposition

Application granted. The decision to tax the bills of costs is reviewed and set aside. Second respondent ordered to pay costs on an attorney and client scale.

Orders

  • The first respondent’s decision to tax the bills of costs placed before him on 3 and 9 April 2003 in case no. 9326/2000 as well as the taxation of the said bills of costs is reviewed and set aside.
  • The second respondent is ordered to pay the costs of the application on a scale as between attorney and client.