Basson v Standard Bank of South Africa Ltd (5222/2009, 5314/2009) [2011] ZAFSHC 22 (10 February 2011)

Basson v Standard Bank of South Africa Ltd (5222/2009, 5314/2009) [2011] ZAFSHC 22 (10 February 2011)

The court found that the taxing officer erred in disallowing fees for the attorney's perusal of founding affidavits and annexures, as such fees are expressly provided for under the party and party scale and are necessary for proper legal advice and consultation. The officer also misapplied the rule regarding correspondence, using an arbitrary formula rather than inspecting the substance and necessity of the letters. However, the court upheld the taxing officer's discretion in reducing fees for conferences, advocate's fees, and telephone calls, finding that the matter was not complex and did not warrant the engagement of senior counsel or excessive disbursements. The officer's decisions in...

Citation
[2011] ZAFSHC 22
Parties
Applicant: Nicolaas Johannes Basson; Respondent: The Standard Bank of South Africa Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 February 2011
Case Number
5222/2009, 5314/2009
Procedural Posture
Review Application / Review of Taxation of Costs Following Urgent Application and Rescission Proceedings
Outcome
The respondent's review application succeeds in respect of items 2, 3, 13, 14, 36 and 77, and fails in respect of items 27, 32, 72 and 79.
Judges
Rampai
Legal Topics
Taxation of Costs, Party and Party Scale, Attorney and Client Scale, Review of Taxing Officer, Costs Awards, Uniform Rules of Court
Civil Procedure Taxation of Costs Party and Party Scale Attorney and Client Scale Review of Taxing Officer Costs Awards Uniform Rules of Court

Case Brief

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Parties

Nicolaas Johannes Basson

Applicant

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Review Application / Review of Taxation of Costs Following Urgent Application and Rescission Proceedings

Legal Issues

  1. 1 Whether the taxing officer erred in disallowing or reducing specific items in the respondent's bill of costs.
  2. 2 Whether the complexity of the matter justified the engagement of senior counsel and higher disbursements.
  3. 3 Whether the taxing officer applied correct principles and exercised discretion judiciously in relation to perusal fees, conference fees, advocate's fees, correspondence, and telephone calls.

Ratio Decidendi

The court found that the taxing officer erred in disallowing fees for the attorney's perusal of founding affidavits and annexures, as such fees are expressly provided for under the party and party scale and are necessary for proper legal advice and consultation. The officer also misapplied the rule regarding correspondence, using an arbitrary formula rather than inspecting the substance and necessity of the letters. However, the court upheld the taxing officer's discretion in reducing fees for conferences, advocate's fees, and telephone calls, finding that the matter was not complex and did not warrant the engagement of senior counsel or excessive disbursements. The officer's decisions in...

Court Disposition

The respondent's review application succeeds in respect of items 2, 3, 13, 14, 36 and 77, and fails in respect of items 27, 32, 72 and 79.

Orders

  • The respondent's review application succeeds in respect of items 2, 3, 13, 14, 36 and 77.
  • The respondent's review application fails in respect of items 27, 32, 72 and 79.