Nama Khoi Local Municipality v MEC: Northern Cape Provincial Government (973A/2013, 1389/2013, 10A/B/2014, 2064/2013) [2016] ZANCHC 4 (1 July 2016)

Nama Khoi Local Municipality v MEC: Northern Cape Provincial Government (973A/2013, 1389/2013, 10A/B/2014, 2064/2013) [2016] ZANCHC 4 (1 July 2016)

The court found that the applicant failed to demonstrate that the Taxing Master's decision was clearly wrong. The review was not based on lack of mandate, and the grounds of objection were not properly defined as required by Rule 48(2). The Taxing Master acted within his discretion by taxing the bills on an attorney and own client scale, as there was no fee agreement but the services were rendered. The question of mandate could be raised in subsequent proceedings, not in this review. Accordingly, the review application was dismissed with costs.

Citation
[2016] ZANCHC 4
Parties
Applicant: Nama Khoi Local Municipality; Respondent: MEC: Northern Cape Provincial Government
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 July 2016
Case Number
973A/2013; 1389/2013; 10A/B/2014; 2064/2013
Procedural Posture
Review Application / Review of Taxing Master's Decision Under Rule 48
Outcome
Application to review and set aside the Taxing Master's decision is dismissed with costs.
Judges
Phatshoane
Legal Topics
Review of Taxation, Attorney and Own Client Costs, Fee Agreement, Rule 48 Procedure
Civil Procedure Review of Taxation Attorney and Own Client Costs Fee Agreement Rule 48 Procedure

Case Brief

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Parties

Nama Khoi Local Municipality

Applicant

MEC: Northern Cape Provincial Government

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Taxing Master's decision to tax the four bills of costs on an attorney and own client scale was premature and should be set aside.
  2. 2 Whether Cornelissen Inc was entitled to recover fees on an attorney and own client scale in the absence of a fee agreement with the Municipality.
  3. 3 Whether the grounds of objection to the taxation were properly defined in terms of Rule 48(2).

Ratio Decidendi

The court found that the applicant failed to demonstrate that the Taxing Master's decision was clearly wrong. The review was not based on lack of mandate, and the grounds of objection were not properly defined as required by Rule 48(2). The Taxing Master acted within his discretion by taxing the bills on an attorney and own client scale, as there was no fee agreement but the services were rendered. The question of mandate could be raised in subsequent proceedings, not in this review. Accordingly, the review application was dismissed with costs.

Court Disposition

Application to review and set aside the Taxing Master's decision is dismissed with costs.

Orders

  • The application to review and set aside the Taxing Master's decision to tax the four bills of costs under Case Numbers: 973A/2013; 1389/2013; 10A/B/2014; and 2064/2013 is dismissed with costs.