National Union Of Mineworkers and Others v Trans Hex Operations (Pty) Ltd (C614/2009) [2011] ZALCCT 74 (24 May 2011)

National Union Of Mineworkers and Others v Trans Hex Operations (Pty) Ltd (C614/2009) [2011] ZALCCT 74 (24 May 2011)

The court found no basis to interfere with the taxing master's rulings on the majority of disputed items, as the applicants failed to demonstrate that the taxing master had not exercised her discretion judicially or had acted improperly. The court confirmed the taxing master's decisions on all items except item 14, which had not been addressed in the statement of case and was referred back for consideration. The court also held that the issue of VAT was properly determined by the taxing master and there was no reason to refer it back for reconsideration.

Citation
[2011] ZALCCT 74
Parties
Applicant: National Union of Mineworkers and Others; Respondent: Trans Hex Operations (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
24 May 2011
Case Number
C614/2009
Procedural Posture
Review Application / Review of Taxation Ruling by Taxing Master
Outcome
Application to review the taxing master's ruling is dismissed except for item 14, which is referred back to the taxing master for consideration.
Judges
Gush
Legal Topics
Review of Taxation, Costs Awards, Discretion of Taxing Master, Vat on Costs
Civil Procedure Labour Law Review of Taxation Costs Awards Discretion of Taxing Master Vat on Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

National Union of Mineworkers and Others

Applicant

Trans Hex Operations (Pty) Ltd

Respondent

Procedural Posture

Review Application / Review of Taxation Ruling by Taxing Master

Legal Issues

  1. 1 Whether the taxing master exercised her discretion judicially and properly in taxing the bill of costs.
  2. 2 Whether specific items in the bill of costs should be disallowed or reduced.
  3. 3 Whether VAT should be included as an out-of-pocket expense in the bill of costs.

Ratio Decidendi

The court found no basis to interfere with the taxing master's rulings on the majority of disputed items, as the applicants failed to demonstrate that the taxing master had not exercised her discretion judicially or had acted improperly. The court confirmed the taxing master's decisions on all items except item 14, which had not been addressed in the statement of case and was referred back for consideration. The court also held that the issue of VAT was properly determined by the taxing master and there was no reason to refer it back for reconsideration.

Court Disposition

Application to review the taxing master's ruling is dismissed except for item 14, which is referred back to the taxing master for consideration.

Orders

  • The taxing master's rulings as set out in her statement of case are upheld in respect of the items referred to in paragraphs 8 and 9 of the judgment.
  • Item 14 is referred back to the taxing master to be considered and for her to issue a statement of case in respect of that item.