Miya v Member of the Executive Council for Health KwaZulu Natal (11036/2015) [2022] ZAKZPHC 16 (11 May 2022)

Miya v Member of the Executive Council for Health KwaZulu Natal (11036/2015) [2022] ZAKZPHC 16 (11 May 2022)

The court found that the collapse fee is not part of party-and-party costs. The plaintiff failed to establish any exceptional circumstances or legal basis for including the collapse fee in the party-and-party costs. The consent order did not specifically provide for collapse fees, and there is no precedent for treating collapse fees as recoverable under party-and-party costs. The court emphasized that party-and-party costs are strictly regulated and limited to necessary and reasonable expenses incurred for the attainment of justice. Collapse fees, being contingent on counsel's reservation and not on actual work done, do not meet this threshold. The application for inclusion of collapse...

Citation
[2022] ZAKZPHC 16
Parties
Plaintiff: Ayanda Silindokuhle Miya; Respondent: Member of the Executive Council for Health KwaZulu Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
11 May 2022
Case Number
11036/2015
Procedural Posture
Civil Procedure / Costs Determination Following Settlement of Damages Claim
Outcome
Application for inclusion of collapse fee in party-and-party costs refused.
Judges
Mngadi
Legal Topics
Party and Party Costs, Collapse Fee, Taxation of Costs, Attorney and Client Costs
Civil Procedure Party and Party Costs Collapse Fee Taxation of Costs Attorney and Client Costs

Case Brief

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Parties

Ayanda Silindokuhle Miya

Plaintiff

Member of the Executive Council for Health KwaZulu Natal

Respondent

Procedural Posture

Civil Procedure / Costs Determination Following Settlement of Damages Claim

Legal Issues

  1. 1 Is the collapse fee recoverable as part of party-and-party costs in this matter.
  2. 2 Does the consent order entitle the plaintiff to claim collapse fees from the defendant.
  3. 3 Are there exceptional circumstances justifying the inclusion of collapse fees in party-and-party costs.

Ratio Decidendi

The court found that the collapse fee is not part of party-and-party costs. The plaintiff failed to establish any exceptional circumstances or legal basis for including the collapse fee in the party-and-party costs. The consent order did not specifically provide for collapse fees, and there is no precedent for treating collapse fees as recoverable under party-and-party costs. The court emphasized that party-and-party costs are strictly regulated and limited to necessary and reasonable expenses incurred for the attainment of justice. Collapse fees, being contingent on counsel's reservation and not on actual work done, do not meet this threshold. The application for inclusion of collapse...

Court Disposition

Application for inclusion of collapse fee in party-and-party costs refused.

Orders

  • The application is refused.