Norris and Another v Belfa Fire (Pty) Ltd and Another (EL: 197/2012, ECD: 497/2012) [2012] ZAECELLC 11 (18 May 2012)

Norris and Another v Belfa Fire (Pty) Ltd and Another (EL: 197/2012, ECD: 497/2012) [2012] ZAECELLC 11 (18 May 2012)

The court found that the Taxing Master had unequivocally stated in his affidavit that the parties had agreed on counsel's fees, and there was no reasonable prospect that this assertion would be retracted in oral evidence. Given the small amount in dispute, the applicants' continued right to pursue the Rule 48 review, and the disproportionate costs of referring the matter for oral evidence, the court exercised its discretion against the applicants. The application to refer the issue for oral evidence was dismissed, and the application to stay execution failed due to lack of reasonable prospects of success in the review.

Citation
[2012] ZAECELLC 11
Parties
Applicant: Patricia Anne Moira Norris; Applicant: Toni Norris; Respondent: Belfa Fire (Pty) Ltd; Respondent: The Sheriff of the High Court, East London
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
18 May 2012
Case Number
EL: 197/2012, ECD: 497/2012
Procedural Posture
Stay Application / Urgent Motion Application to Stay Execution of Writ Pending Review of Taxation
Outcome
Application dismissed with costs; applicants jointly and severally liable for first respondent's costs.
Judges
J.E Smith
Legal Topics
Stay of Execution, Review of Taxation, Costs Award, Rule 48 Procedure
Civil Procedure Stay of Execution Review of Taxation Costs Award Rule 48 Procedure

Case Brief

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Parties

Patricia Anne Moira Norris

Applicant

Toni Norris

Applicant

Belfa Fire (Pty) Ltd

Respondent

The Sheriff of the High Court, East London

Respondent

Procedural Posture

Stay Application / Urgent Motion Application to Stay Execution of Writ Pending Review of Taxation

Legal Issues

  1. 1 Whether the execution of the writ should be stayed pending the review of the Taxing Master's allocatur.
  2. 2 Whether there was an agreement between the parties regarding counsel's fees.
  3. 3 Whether the matter should be referred for oral evidence on the disputed agreement.

Ratio Decidendi

The court found that the Taxing Master had unequivocally stated in his affidavit that the parties had agreed on counsel's fees, and there was no reasonable prospect that this assertion would be retracted in oral evidence. Given the small amount in dispute, the applicants' continued right to pursue the Rule 48 review, and the disproportionate costs of referring the matter for oral evidence, the court exercised its discretion against the applicants. The application to refer the issue for oral evidence was dismissed, and the application to stay execution failed due to lack of reasonable prospects of success in the review.

Court Disposition

Application dismissed with costs; applicants jointly and severally liable for first respondent's costs.

Orders

  • The application is dismissed.
  • The applicants are jointly and severally liable to pay the first respondent's costs.