Maja v Absa Bank Limited and Another (968/12) [2018] ZALMPPHC 17 (18 April 2018)

Maja v Absa Bank Limited and Another (968/12) [2018] ZALMPPHC 17 (18 April 2018)

The court found that the Taxing Master had fundamentally erred in disallowing the defendants' legal representatives' appearance fee, travelling, and accommodation costs. The expenses incurred for witnesses and legal representatives to travel and stay overnight in Polokwane were necessary for the proper conduct of the trial and to attain justice. The Taxing Master's concession regarding counsel's fees for 4 February 2016 further supported the defendants' position. The court held that there were sufficient reasons to interfere with the Taxing Master's decision and set aside the allocatur, remitting the matter for taxation afresh before another Taxing Master.

Citation
[2018] ZALMPPHC 17
Parties
Plaintiff: Betty Kgomotlokoa Maja; Defendant: Absa Bank Limited; Defendant: Ntjatja Aphane
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
18 April 2018
Case Number
968/12
Procedural Posture
Review Application / Review of Taxing Master's Allocatur Under Rule 48
Outcome
Review application succeeds; Taxing Master's allocatur set aside and matter remitted for taxation afresh before another Taxing Master.
Judges
MF Kganyago, MV Semenya
Legal Topics
Taxation of Costs, Review of Taxing Master, Reasonable and Necessary Expenses
Civil Procedure Taxation of Costs Review of Taxing Master Reasonable and Necessary Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Betty Kgomotlokoa Maja

Plaintiff

Absa Bank Limited

Defendant

Ntjatja Aphane

Defendant

Procedural Posture

Review Application / Review of Taxing Master's Allocatur Under Rule 48

Legal Issues

  1. 1 Whether the Taxing Master exercised his discretion properly in disallowing counsel's fees, travelling and accommodation expenses.
  2. 2 Whether the costs claimed by the defendants were reasonable and necessary for successful litigation.
  3. 3 Whether the court should interfere with the Taxing Master's decision.

Ratio Decidendi

The court found that the Taxing Master had fundamentally erred in disallowing the defendants' legal representatives' appearance fee, travelling, and accommodation costs. The expenses incurred for witnesses and legal representatives to travel and stay overnight in Polokwane were necessary for the proper conduct of the trial and to attain justice. The Taxing Master's concession regarding counsel's fees for 4 February 2016 further supported the defendants' position. The court held that there were sufficient reasons to interfere with the Taxing Master's decision and set aside the allocatur, remitting the matter for taxation afresh before another Taxing Master.

Court Disposition

Review application succeeds; Taxing Master's allocatur set aside and matter remitted for taxation afresh before another Taxing Master.

Orders

  • The Taxing Master's allocatur is set aside and the matter is remitted back for taxation afresh before another Taxing Master in the light of this judgment and such information and argument as the parties may present.
  • The items which the parties have settled upon remain settled.