Knipe and Others v Lotz and Others (5081/2014, 4817/2014) [2017] ZAFSHC 31 (9 February 2017)

Knipe and Others v Lotz and Others (5081/2014, 4817/2014) [2017] ZAFSHC 31 (9 February 2017)

The court found that the taxing master exercised her discretion judicially, fairly, and reasonably in taxing the bills of costs. The objections raised by the applicants were either without merit or related to items already taxed off. The taxing master considered the complexity of the case, the volume of documents, and the reasonableness of the costs incurred. The court held that there was no basis to interfere with the taxing master's decision, as no misapplication of law or facts was demonstrated. The application for review was accordingly dismissed.

Citation
[2017] ZAFSHC 31
Parties
Applicant: JDJ Knipe; Applicant: ABJ Knipe; Applicant: JMD Vigne; Respondent: Carol Jessie Kathleen Lotz; Respondent: Robert Petrus Jansen Knipe; Respondent: The Company & Intellectual Property Commission; Respondent: OA Noordman N.O; Respondent: CB St Clair Cooper N.O; Respondent: SM Rampororo N.O
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 February 2017
Case Number
5081/2014, 4817/2014
Procedural Posture
Review Application / Review of Taxation Under Rule 48
Outcome
Application for review dismissed.
Judges
P Molitsoane
Legal Topics
Taxation of Costs, Review of Taxing Master, Uniform Rules of Court, Judicial Discretion, Party and Party Costs
Civil Procedure Taxation of Costs Review of Taxing Master Uniform Rules of Court Judicial Discretion Party and Party Costs

Case Brief

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Parties

JDJ Knipe

Applicant

ABJ Knipe

Applicant

JMD Vigne

Applicant

Carol Jessie Kathleen Lotz

Respondent

Robert Petrus Jansen Knipe

Respondent

The Company & Intellectual Property Commission

Respondent

OA Noordman N.O

Respondent

CB St Clair Cooper N.O

Respondent

SM Rampororo N.O

Respondent

Procedural Posture

Review Application / Review of Taxation Under Rule 48

Legal Issues

  1. 1 Whether the taxing master exercised her discretion judicially and reasonably in taxing the bills of costs.
  2. 2 Whether the time and fees allowed for preparation, counsel's fees, and other items were reasonable and justified.
  3. 3 Whether the objections raised by the applicants to specific items in the bills of costs have merit.

Ratio Decidendi

The court found that the taxing master exercised her discretion judicially, fairly, and reasonably in taxing the bills of costs. The objections raised by the applicants were either without merit or related to items already taxed off. The taxing master considered the complexity of the case, the volume of documents, and the reasonableness of the costs incurred. The court held that there was no basis to interfere with the taxing master's decision, as no misapplication of law or facts was demonstrated. The application for review was accordingly dismissed.

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.