Anderson v Integrated Health Technologies Ltd (98/26077) [1999] ZAGPHC 6 (13 May 1999)

Anderson v Integrated Health Technologies Ltd (98/26077) [1999] ZAGPHC 6 (13 May 1999)

The court held that, provided the plaintiff proves the allocatur of the Law Society, its relevance to the claims, and that the fees were assessed under the prescribed rules, such allocatur constitutes prima facie proof of the reasonableness of the fees claimed. The work in question was non-litigious, specifically the drafting of joint venture agreements, and thus the exception for litigious matters under the Law Society rules does not apply. The plaintiff must also prove the defendant's liability and the absence of an agreement for a fixed hourly rate. The ruling is interlocutory and intended to assist the parties in the expeditious resolution of the dispute, without binding the trial...

Citation
[1999] ZAGPHC 6
Parties
Plaintiff: Elizabeth Ann Anderson; Defendant: Integrated Health Technologies Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
13 May 1999
Case Number
98/26077
Procedural Posture
Civil Trial / Interlocutory Ruling on Point in Limine
Outcome
Interlocutory ruling: Allocatur, if proved and relevant, is prima facie proof of reasonableness of fees; defendant to pay costs of this application.
Judges
Willis
Legal Topics
Attorney Fees, Allocatur, Reasonableness of Fees, Contractual Terms
Civil Procedure Commercial and Corporate Attorney Fees Allocatur Reasonableness of Fees Contractual Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Ann Anderson

Plaintiff

Integrated Health Technologies Limited

Defendant

Procedural Posture

Civil Trial / Interlocutory Ruling on Point in Limine

Legal Issues

  1. 1 Whether an allocatur issued by the Law Society constitutes prima facie proof of the reasonableness of attorney's fees in non-litigious matters.
  2. 2 Whether the exception for litigious matters under the Law Society rules applies to the drafting of joint venture agreements.
  3. 3 Whether the plaintiff must prove the allocatur, its relevance to the claim, and that fees were assessed under the correct rules.

Ratio Decidendi

The court held that, provided the plaintiff proves the allocatur of the Law Society, its relevance to the claims, and that the fees were assessed under the prescribed rules, such allocatur constitutes prima facie proof of the reasonableness of the fees claimed. The work in question was non-litigious, specifically the drafting of joint venture agreements, and thus the exception for litigious matters under the Law Society rules does not apply. The plaintiff must also prove the defendant's liability and the absence of an agreement for a fixed hourly rate. The ruling is interlocutory and intended to assist the parties in the expeditious resolution of the dispute, without binding the trial...

Court Disposition

Interlocutory ruling: Allocatur, if proved and relevant, is prima facie proof of reasonableness of fees; defendant to pay costs of this application.

Orders

  • Provided the plaintiff proves the allocatur of the Law Society, its relevance to the claims, and that fees were assessed under the prescribed rules, such allocatur shall be prima facie proof of the reasonableness of the plaintiff's fees.
  • The defendant is to pay the costs of this application.