Jankowitz and Another v Road Accident Fund (1113/2007) [2008] ZAFSHC 131 (27 November 2008)

Jankowitz and Another v Road Accident Fund (1113/2007) [2008] ZAFSHC 131 (27 November 2008)

The court held that, in the absence of a stated case from the original taxing master and the necessary submissions, it is not possible to decide the review of taxation. The provisions of Rule 48(3) are peremptory, and compliance is required. Since the new taxing masters cannot prepare a stated case due to lack of information about the original proceedings, the only appropriate remedy is to set aside the previous taxation and order a re-taxation of the bill of costs de novo.

Citation
[2008] ZAFSHC 131
Parties
Plaintiff: J A Jankowitz; Plaintiff: R W Jankowitz; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 November 2008
Case Number
1113/2007
Procedural Posture
Review Application / Review of Taxation Under Rule 48
Outcome
Taxation and allocator set aside; re-taxation ordered.
Judges
M B Molemela
Legal Topics
Taxation of Costs, Review of Taxing Master, Uniform Rules of Court Rule 48
Civil Procedure Taxation of Costs Review of Taxing Master Uniform Rules of Court Rule 48

Case Brief

Summary, issues, holding and outcome

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Parties

J A Jankowitz

Plaintiff

R W Jankowitz

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Review Application / Review of Taxation Under Rule 48

Legal Issues

  1. 1 Whether the review of taxation can proceed without a stated case from the original taxing master.
  2. 2 Whether the absence of submissions and a stated case precludes the judge from deciding the review.
  3. 3 What is the appropriate remedy when the original taxing master is unavailable to prepare a stated case.

Ratio Decidendi

The court held that, in the absence of a stated case from the original taxing master and the necessary submissions, it is not possible to decide the review of taxation. The provisions of Rule 48(3) are peremptory, and compliance is required. Since the new taxing masters cannot prepare a stated case due to lack of information about the original proceedings, the only appropriate remedy is to set aside the previous taxation and order a re-taxation of the bill of costs de novo.

Court Disposition

Taxation and allocator set aside; re-taxation ordered.

Orders

  • The taxation of the bill of costs and the allocator thereof attended to by the taxing master on 27 February 2007 is set aside.
  • The taxing master is ordered to set the matter down for taxation de novo within 10 days from the date of this order and to notify the parties accordingly.