Ngema v Road Accident Fund (234/2005) [2008] ZAKZHC 98 (1 January 2008)

Ngema v Road Accident Fund (234/2005) [2008] ZAKZHC 98 (1 January 2008)

The court found that the KwaZulu Natal Practice Directive requires both parties in opposed motion proceedings to file heads of argument. Therefore, fees relating to the perusal of heads of argument must be allowed on a party and party basis. The taxing official's decision to disallow the attorney's perusal fee was based on a misapplication of principle, as the heads were required by the rules and were of fundamental importance to the applicant's case. The review application was accordingly allowed and the ruling of the taxing officer was set aside.

Citation
[2008] ZAKZHC 98
Parties
Applicant: Emmanuel Nkosinathi Ngema; Respondent: Road Accident Fund
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
1 January 2008
Case Number
234/2005
Procedural Posture
Review Application / Review of Taxing Master's Decision
Outcome
Review application allowed; ruling of the taxing officer set aside; no order as to costs.
Judges
Nicholson
Legal Topics
Taxation of Costs, Practice Directives, Heads of Argument, Attorney Client Fees
Civil Procedure Taxation of Costs Practice Directives Heads of Argument Attorney Client Fees

Case Brief

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Parties

Emmanuel Nkosinathi Ngema

Applicant

Road Accident Fund

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Decision

Legal Issues

  1. 1 Whether the taxing official erred in disallowing the attorney's perusal fee for the respondent's heads of argument.
  2. 2 Whether heads of argument are required to be filed in opposed motion proceedings under the KwaZulu Natal Practice Directive.
  3. 3 Whether costs for perusal of heads of argument should be allowed on a party and party basis.

Ratio Decidendi

The court found that the KwaZulu Natal Practice Directive requires both parties in opposed motion proceedings to file heads of argument. Therefore, fees relating to the perusal of heads of argument must be allowed on a party and party basis. The taxing official's decision to disallow the attorney's perusal fee was based on a misapplication of principle, as the heads were required by the rules and were of fundamental importance to the applicant's case. The review application was accordingly allowed and the ruling of the taxing officer was set aside.

Court Disposition

Review application allowed; ruling of the taxing officer set aside; no order as to costs.

Orders

  • The review application is allowed.
  • The ruling of the taxing officer is set aside.