Jonker and Others v Lambons (Pty) Ltd and Another (2769/2017) [2018] ZAFSHC 186 (8 November 2018)

Jonker and Others v Lambons (Pty) Ltd and Another (2769/2017) [2018] ZAFSHC 186 (8 November 2018)

The taxing master erred in preventing the applicants' attorney, who holds a certificate of right of appearance in the high court, from appearing at the taxation. The Practice Directives do not restrict such attorneys to those enrolled in the specific division, and section 4(4) of the Right of Appearance in Courts Act expressly grants attorneys with the requisite certificate the right to appear in all divisions of the high court, including before the taxing master. The taxing master's ruling was based on a misinterpretation of the law and practice, and her conduct in bargaining with the attorney regarding the waiver of review rights further undermined her impartiality. The objections...

Citation
[2018] ZAFSHC 186
Parties
Applicant: Hannes Marthinus Jonker; Applicant: Hendrik Phillius Fourie Lewis; Applicant: Joseph Ivan Marks; Applicant: Susara Deborah Oberholzer; Applicant: Jabulani Pertrols Mtsweni; Applicant: Gilbert Loftus Rathokolo; Applicant: Samantha Anne Turner; Respondent: Lambons (Pty) Ltd; Respondent: Oshene Morobane N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 November 2018
Case Number
2769/2017
Procedural Posture
Review Application / Judgment on Review of Taxing Master's Ruling
Outcome
Application for review granted; the taxing master's ruling is set aside and the matter remitted for taxation with costs awarded against the first respondent.
Judges
NS Daniso
Legal Topics
Right of Appearance, Taxation of Costs, Review of Taxing Master, Practice Directives, Attorneys Act, Costs Award
Civil Procedure Right of Appearance Taxation of Costs Review of Taxing Master Practice Directives Attorneys Act Costs Award

Case Brief

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Parties

Hannes Marthinus Jonker

Applicant

Hendrik Phillius Fourie Lewis

Applicant

Joseph Ivan Marks

Applicant

Susara Deborah Oberholzer

Applicant

Jabulani Pertrols Mtsweni

Applicant

Gilbert Loftus Rathokolo

Applicant

Samantha Anne Turner

Applicant

Lambons (Pty) Ltd

Respondent

Oshene Morobane N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Taxing Master's Ruling

Legal Issues

  1. 1 Whether the taxing master erred in preventing the applicants' attorney from appearing at the taxation.
  2. 2 Whether attorneys with a right of appearance in the high court may appear before the taxing master in any division.
  3. 3 Whether the taxing master's ruling was based on a misinterpretation of the Practice Directives and relevant statutes.

Ratio Decidendi

The taxing master erred in preventing the applicants' attorney, who holds a certificate of right of appearance in the high court, from appearing at the taxation. The Practice Directives do not restrict such attorneys to those enrolled in the specific division, and section 4(4) of the Right of Appearance in Courts Act expressly grants attorneys with the requisite certificate the right to appear in all divisions of the high court, including before the taxing master. The taxing master's ruling was based on a misinterpretation of the law and practice, and her conduct in bargaining with the attorney regarding the waiver of review rights further undermined her impartiality. The objections...

Court Disposition

Application for review granted; the taxing master's ruling is set aside and the matter remitted for taxation with costs awarded against the first respondent.

Orders

  • The ruling of the taxing master preventing the applicants' attorney from appearing at the taxation is set aside.
  • It is declared that an attorney with a certificate of right of appearance in terms of section 4(2) of the Right of Appearance in Courts Act is permitted to appear before the taxing master during taxation.