Khan v Oasis Group Holdings (Pty) Ltd and Another (C906/12) [2014] ZALCCT 47 (22 September 2014)

Khan v Oasis Group Holdings (Pty) Ltd and Another (C906/12) [2014] ZALCCT 47 (22 September 2014)

The settlement agreement, although entered under the CCMA, was made an order of the Labour Court, conferring jurisdiction on the taxing master to tax the costs. However, the applicant was deprived of his right to object to the bill of costs and to be heard, constituting a reviewable irregularity. The taxation must therefore be set aside and conducted afresh, with both parties present and on the appropriate Magistrate Court scale.

Citation
[2014] ZALCCT 47
Parties
Applicant: Muhammad Ridwan Khan; Respondent: Oasis Group Holdings (Pty) Ltd; Respondent: The Taxing Master
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
22 September 2014
Case Number
C906/12
Procedural Posture
Review Application / Review of Taxing Master's Ruling After Settlement Agreement Made Order of Court.
Outcome
Taxation of the bill of costs on 16 April 2014 is reviewed and set aside. Taxation must be conducted afresh with notice to both parties.
Judges
A J Steenkamp
Legal Topics
Costs Taxation, Settlement Agreement, Jurisdiction of Taxing Master, Party and Party Costs
Labour Law Civil Procedure Costs Taxation Settlement Agreement Jurisdiction of Taxing Master Party and Party Costs

Case Brief

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Parties

Muhammad Ridwan Khan

Applicant

Oasis Group Holdings (Pty) Ltd

Respondent

The Taxing Master

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Ruling After Settlement Agreement Made Order of Court.

Legal Issues

  1. 1 Whether the taxing master had jurisdiction to tax the bill of costs for a matter settled under the CCMA but made an order of court.
  2. 2 Whether the applicant was deprived of the opportunity to object to the bill of costs.
  3. 3 Whether the taxing master erred in awarding counsel's full fees instead of the daily fee permitted under Magistrate Court rules.

Ratio Decidendi

The settlement agreement, although entered under the CCMA, was made an order of the Labour Court, conferring jurisdiction on the taxing master to tax the costs. However, the applicant was deprived of his right to object to the bill of costs and to be heard, constituting a reviewable irregularity. The taxation must therefore be set aside and conducted afresh, with both parties present and on the appropriate Magistrate Court scale.

Court Disposition

Taxation of the bill of costs on 16 April 2014 is reviewed and set aside. Taxation must be conducted afresh with notice to both parties.

Orders

  • The taxation of the bill of costs on 16 April 2014 is reviewed and set aside.
  • The taxation must be set down afresh on notice to both parties.