Dlamini v Maharaj (3260/10) [2010] ZAKZPHC 27 (8 June 2010)

Dlamini v Maharaj (3260/10) [2010] ZAKZPHC 27 (8 June 2010)

The court held that the magistrate was correct in disallowing items in the first bill of costs that were covered by the instruction fee and drawing fee under the tariff for administration order applications. The tariff must be interpreted as including all attendances and correspondence necessary for taking instructions and drawing the application, and separate charges for such work are not permitted. Regarding the second to eighteenth bills, the court found that all work performed by Ms Maharaj during the administration was work required of her as administrator, and she was not entitled to recover fees for this work beyond the statutory cap of 12.5% of monies collected under s 74L of the...

Citation
[2010] ZAKZPHC 27
Parties
Applicant: Nokuthula Cynthia Dlamini; Respondent: Yugandrie Maharaj
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
8 June 2010
Case Number
3260/10
Procedural Posture
Review Application / Review of Taxation of Bills of Costs Following Administration Order Under Magistrates' Courts Act
Outcome
Review partially succeeds; certain items in the first bill of costs are reinstated, all other items disallowed. Respondent to pay applicant's costs.
Judges
Wallis
Legal Topics
Administration Order, Taxation of Costs, Magistrates Courts Act, Attorney Fees, Statutory Fee Caps
Civil Procedure Banking and Finance Administration Order Taxation of Costs Magistrates Courts Act Attorney Fees Statutory Fee Caps

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Parties

Nokuthula Cynthia Dlamini

Applicant

Yugandrie Maharaj

Respondent

Procedural Posture

Review Application / Review of Taxation of Bills of Costs Following Administration Order Under Magistrates' Courts Act

Legal Issues

  1. 1 Whether certain items in the first bill of costs are recoverable under the tariff for administration order applications.
  2. 2 Whether the administrator, who is also an attorney, may recover fees for work performed during administration over and above the statutory cap under s 74L of the Magistrates' Courts Act.

Ratio Decidendi

The court held that the magistrate was correct in disallowing items in the first bill of costs that were covered by the instruction fee and drawing fee under the tariff for administration order applications. The tariff must be interpreted as including all attendances and correspondence necessary for taking instructions and drawing the application, and separate charges for such work are not permitted. Regarding the second to eighteenth bills, the court found that all work performed by Ms Maharaj during the administration was work required of her as administrator, and she was not entitled to recover fees for this work beyond the statutory cap of 12.5% of monies collected under s 74L of the...

Court Disposition

Review partially succeeds; certain items in the first bill of costs are reinstated, all other items disallowed. Respondent to pay applicant's costs.

Orders

  • Items 46 to 53, 63, 65 to 75, 79 and 81 to 82 of the first s 74 bill of costs are reinstated in the taxation of the bill, with adjustment to drawing fees and fee for attending taxation.
  • All other items in the first bill and bills 2 to 18 are disallowed; magistrate's decision upheld.