R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018) [2021] ZASCA 152 (27 October 2021)

R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018) [2021] ZASCA 152 (27 October 2021)

The court held that the taxing master was correct in most of his reductions and disallowances, applying the settled principles governing attorney and own client bills. The taxing master did not err in disallowing costs related to the condonation application, as the delay was not attributable to the second respondent and she should not bear those costs. The court found that prior payment of accounts by an uninformed litigant does not bar scrutiny for overreaching. The taxing master was justified in disallowing disbursements for flights and personal attendances where local correspondents could have performed the tasks more cost-effectively. However, the court found the taxing master erred...

Citation
[2021] ZASCA 152
Parties
Applicant: R H Christie Incorporated; Respondent: Taxing Master – Supreme Court of Appeal; Second Respondent: Montanari: Charmaine Helen; Appellant: Montanari: Charmaine Helen; Respondent: Montanari: Emilio Pietro Valfredo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 October 2021
Case Number
1086/2018
Procedural Posture
Review Application / Review of Taxation Under Rule 17
Outcome
Review partially successful; certain items allowed, remainder of the taxing master's decision upheld.
Judges
NAVSA
Legal Topics
Review of Taxation, Attorney and Own Client Costs, Overreaching, Condonation Application, Disbursements, Fee Agreements
Civil Procedure Commercial and Corporate Review of Taxation Attorney and Own Client Costs Overreaching Condonation Application Disbursements Fee Agreements

Case Brief

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Parties

R H Christie Incorporated

Applicant

Taxing Master – Supreme Court of Appeal

Respondent

Montanari: Charmaine Helen

Second Respondent

Montanari: Charmaine Helen

Appellant

Montanari: Emilio Pietro Valfredo

Respondent

Procedural Posture

Review Application / Review of Taxation Under Rule 17

Legal Issues

  1. 1 Whether the taxing master erred in disallowing specific items in the attorney and own client bill of costs.
  2. 2 Whether the applicant overreached or imposed unfair liability for costs on the second respondent.
  3. 3 Whether costs related to the condonation application and certain disbursements should be recoverable from the second respondent.

Ratio Decidendi

The court held that the taxing master was correct in most of his reductions and disallowances, applying the settled principles governing attorney and own client bills. The taxing master did not err in disallowing costs related to the condonation application, as the delay was not attributable to the second respondent and she should not bear those costs. The court found that prior payment of accounts by an uninformed litigant does not bar scrutiny for overreaching. The taxing master was justified in disallowing disbursements for flights and personal attendances where local correspondents could have performed the tasks more cost-effectively. However, the court found the taxing master erred...

Court Disposition

Review partially successful; certain items allowed, remainder of the taxing master's decision upheld.

Orders

  • The review is successful only to the extent reflected in paragraphs 59 to 62 of this judgment.
  • There is no order as to costs.