Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

The court found that the taxing master correctly applied the principles governing taxation of costs on a party and party scale. The items under review were necessary for the defendant to defend the matter and to raise an exception. The taxing master exercised her discretion properly, and there was no evidence of misapplication of the law or disregard of relevant factors. The plaintiff's objections lacked substance, and the review was dismissed. No cost order was made as the defendant did not file written submissions.

Citation
[2019] ZAFSHC 120
Parties
Plaintiff: Jacoti Construction CC; Defendant: PHG Group CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 July 2019
Case Number
6006/2017
Procedural Posture
Review Application / Review of Taxation Under Rule 48
Outcome
The review is denied and the application is dismissed.
Judges
Morobane
Legal Topics
Taxation of Costs, Review of Taxing Master, Party and Party Costs, Uniform Rules of Court, Judicial Discretion
Civil Procedure Taxation of Costs Review of Taxing Master Party and Party Costs Uniform Rules of Court Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Jacoti Construction CC

Plaintiff

PHG Group CC

Defendant

Procedural Posture

Review Application / Review of Taxation Under Rule 48

Legal Issues

  1. 1 Whether the taxing master erred in allowing or disallowing specific items in the bill of costs.
  2. 2 Whether the costs taxed were properly classified as party and party costs.
  3. 3 Whether the reviewing court should interfere with the taxing master's discretion.

Ratio Decidendi

The court found that the taxing master correctly applied the principles governing taxation of costs on a party and party scale. The items under review were necessary for the defendant to defend the matter and to raise an exception. The taxing master exercised her discretion properly, and there was no evidence of misapplication of the law or disregard of relevant factors. The plaintiff's objections lacked substance, and the review was dismissed. No cost order was made as the defendant did not file written submissions.

Court Disposition

The review is denied and the application is dismissed.

Orders

  • The review is denied and the application is dismissed.
  • There is no order in respect of costs.