Electronic Patient Records (Pty) Ltd v Minister of Health, Northern Cape (1115/2010) [2015] ZANCHC 24 (28 August 2015)

Electronic Patient Records (Pty) Ltd v Minister of Health, Northern Cape (1115/2010) [2015] ZANCHC 24 (28 August 2015)

The court found that the taxing master acted within his discretion in disallowing the wasted travelling, accommodation and related fees, as no proof of payment or cancellation fees was provided and the witnesses were not declared necessary. The expenses claimed for counsel's travel were considered special or unusual and not allowable under Rule 70(3). Regarding counsel's fees, the taxing master had already allowed a high hourly rate and correctly disallowed separate preparation fees, as such fees are included in the fee on brief. The court held that there was no basis to interfere with the taxing master's exercise of discretion or his computation of reasonable fees. The application for...

Citation
[2015] ZANCHC 24
Parties
Applicant: Electronic Patient Records (Pty) Ltd; Respondent: Minister of Health, Northern Cape
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
28 August 2015
Case Number
1115/2010
Procedural Posture
Review Application / Taxation Review Under Rule 48
Outcome
Application dismissed; each party to pay its own costs.
Judges
Erasmus, AJ
Legal Topics
Taxation of Costs, Party and Party Costs, Discretion of Taxing Master, Condonation, Advocate Fees
Civil Procedure Taxation of Costs Party and Party Costs Discretion of Taxing Master Condonation Advocate Fees

Case Brief

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Parties

Electronic Patient Records (Pty) Ltd

Applicant

Minister of Health, Northern Cape

Respondent

Procedural Posture

Review Application / Taxation Review Under Rule 48

Legal Issues

  1. 1 Whether the taxing master erred in disallowing wasted travelling, accommodation and related fees for the instructing attorney, counsel and witnesses.
  2. 2 Whether the taxing master erred in reducing the hours and hourly rate claimed by senior counsel for preparation and related attendances.
  3. 3 Whether the taxing master exercised his discretion unreasonably in the taxation of the bill of costs.

Ratio Decidendi

The court found that the taxing master acted within his discretion in disallowing the wasted travelling, accommodation and related fees, as no proof of payment or cancellation fees was provided and the witnesses were not declared necessary. The expenses claimed for counsel's travel were considered special or unusual and not allowable under Rule 70(3). Regarding counsel's fees, the taxing master had already allowed a high hourly rate and correctly disallowed separate preparation fees, as such fees are included in the fee on brief. The court held that there was no basis to interfere with the taxing master's exercise of discretion or his computation of reasonable fees. The application for...

Court Disposition

Application dismissed; each party to pay its own costs.

Orders

  • The application is dismissed.
  • Each party is to pay its own costs in respect of this application.