Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P) [2022] ZAKZPHC 78 (29 November 2022)

Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P) [2022] ZAKZPHC 78 (29 November 2022)

The court held that the taxing master was correct in disallowing VAT, attendance at court, sheriff's fees, pound master's fees, and the balance of travelling costs, as the applicant failed to provide sufficient evidence at taxation and did not demonstrate that these expenses were reasonable or left her out of pocket. The introduction of new evidence on review was not permitted, as it should have been presented at the taxation stage. However, the taxing master erred in taxing off WhatsApp messages and travelling costs for consultations, as correspondence under 250 words may be allowed and such consultations are reasonable. The correspondent's account should be reconsidered by the taxing...

Citation
[2022] ZAKZPHC 78
Parties
Applicant: Amy Clair Kate Findlater t/a Findlater Attorneys; Respondent: M B Morton Estates (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
29 November 2022
Case Number
6994/2022P
Procedural Posture
Review Application / Review of Taxation
Outcome
The review is upheld in respect of WhatsApp messages, travelling costs for consultations, and the correspondent's account; it fails in respect of VAT, attendance at court, sheriff's fees, pound master's fees, and the balance of travelling costs. No order as to costs.
Judges
Seegobin
Legal Topics
Taxation of Costs, Attorney and Own Client Costs, Reasonableness of Fees, Vat on Legal Costs, Correspondence Tariff, Review of Taxing Master
Civil Procedure Taxation of Costs Attorney and Own Client Costs Reasonableness of Fees Vat on Legal Costs Correspondence Tariff Review of Taxing Master

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Parties

Amy Clair Kate Findlater t/a Findlater Attorneys

Applicant

M B Morton Estates (Pty) Ltd

Respondent

Procedural Posture

Review Application / Review of Taxation

Legal Issues

  1. 1 Whether the taxing master correctly exercised her discretion in taxing off certain items from the attorney and own client bills.
  2. 2 Whether WhatsApp messages, travelling costs for consultations, and correspondent's account should have been allowed.
  3. 3 Whether VAT, attendance at court, sheriff's fees, pound master's fees, and certain travelling costs were properly disallowed.

Ratio Decidendi

The court held that the taxing master was correct in disallowing VAT, attendance at court, sheriff's fees, pound master's fees, and the balance of travelling costs, as the applicant failed to provide sufficient evidence at taxation and did not demonstrate that these expenses were reasonable or left her out of pocket. The introduction of new evidence on review was not permitted, as it should have been presented at the taxation stage. However, the taxing master erred in taxing off WhatsApp messages and travelling costs for consultations, as correspondence under 250 words may be allowed and such consultations are reasonable. The correspondent's account should be reconsidered by the taxing...

Court Disposition

The review is upheld in respect of WhatsApp messages, travelling costs for consultations, and the correspondent's account; it fails in respect of VAT, attendance at court, sheriff's fees, pound master's fees, and the balance of travelling costs. No order as to costs.

Orders

  • The review is upheld in respect of WhatsApp messages, travelling costs for consultations (item 67 in case number 7410/2019P and item 203 in case number 8527/2016P), and the correspondent's account.
  • The taxing master (Pietermaritzburg) is directed to reconsider the above items in light of the findings and principles set out herein and any other information the parties may wish to place before her.