Camps Bay Ratepayers and Residents Association and Another v Harrison and Another (CCT 76/12) [2012] ZACC 17; 2012 (11) BCLR 1143 (CC) (20 September 2012)

Camps Bay Ratepayers and Residents Association and Another v Harrison and Another (CCT 76/12) [2012] ZACC 17; 2012 (11) BCLR 1143 (CC) (20 September 2012)

The Court found that the Taxing Master's award of R240 000 for senior counsel and R160 000 for junior counsel, plus VAT, was excessive and disproportionate to what was fair and reasonable. The litigation history showed that the main issues had already been thoroughly traversed in previous courts, and the constitutional challenge did not justify the high fees. The Court held that reasonable remuneration for counsel's work in this appeal should be R180 000 for senior counsel and R120 000 for junior counsel, plus VAT. The Taxing Master's award was set aside and substituted with these amounts. The judgment emphasised the need for moderation in counsel's fees, especially in the context of...

Citation
[2012] ZACC 17
Parties
Applicant: Camps Bay Ratepayers’ and Residents’ Association; Applicant: P S Booksellers (Pty) Limited; Respondent: Gerda Yvonne Ada Harrison; Respondent: Municipality of the City of Cape Town
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
20 September 2012
Case Number
CCT 76/12
Procedural Posture
Review Application / Review of Taxing Master's Allocatur on Counsel's Fees
Outcome
Review succeeded; Taxing Master's award set aside and substituted with lower amounts for counsel's fees.
Judges
Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob, Zondo
Legal Topics
Taxation of Costs, Party and Party Costs, Counsel Fees, Review of Taxing Master, Constitutional Litigation
Civil Procedure Taxation of Costs Party and Party Costs Counsel Fees Review of Taxing Master Constitutional Litigation

Case Brief

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Parties

Camps Bay Ratepayers’ and Residents’ Association

Applicant

P S Booksellers (Pty) Limited

Applicant

Gerda Yvonne Ada Harrison

Respondent

Municipality of the City of Cape Town

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Allocatur on Counsel's Fees

Legal Issues

  1. 1 Whether the Taxing Master's award of counsel's fees was excessive and should be set aside.
  2. 2 Whether previous litigation history and the nature of the issues justified the fees allowed.
  3. 3 Whether the Guideline for counsel's fees applied in this Court.

Ratio Decidendi

The Court found that the Taxing Master's award of R240 000 for senior counsel and R160 000 for junior counsel, plus VAT, was excessive and disproportionate to what was fair and reasonable. The litigation history showed that the main issues had already been thoroughly traversed in previous courts, and the constitutional challenge did not justify the high fees. The Court held that reasonable remuneration for counsel's work in this appeal should be R180 000 for senior counsel and R120 000 for junior counsel, plus VAT. The Taxing Master's award was set aside and substituted with these amounts. The judgment emphasised the need for moderation in counsel's fees, especially in the context of...

Court Disposition

Review succeeded; Taxing Master's award set aside and substituted with lower amounts for counsel's fees.

Orders

  • The review succeeds.
  • The Taxing Master's award (allocatur) in respect of counsel's fees in this Court is set aside.