Razzmatazz Civil (Pty) Ltd v Independent Development Trust (4691/2017) [2018] ZAFSHC 154 (26 July 2018)

Razzmatazz Civil (Pty) Ltd v Independent Development Trust (4691/2017) [2018] ZAFSHC 154 (26 July 2018)

The court held that the taxing master erred in breaking up the day fee into hourly fees and in applying an incorrect hourly rate for certain hours worked. The correct approach is to determine a reasonable overall fee for the work done, considering the urgency and complexity of the matters. Although the taxing master taxed off too much from counsel's claimed fees, this was to the prejudice of the Third Respondent, who did not seek a higher award. The court found that the circumstances justified a higher fee structure due to the urgent nature of the applications and after-hours work required. However, since the Third Respondent did not challenge the taxation, the court declined to alter the...

Citation
[2018] ZAFSHC 154
Parties
Applicant: Razzmatazz Civil (Pty) Ltd; Respondent: Independent Development Trust; Respondent: Minister: Government of the Republic of South Africa: Department of Public Works; Respondent: Reder Construction CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 July 2018
Case Number
4691/2017
Procedural Posture
Review Application / Review of Taxation of Costs Under Rule 48
Outcome
Application for review in terms of Rule 48 dismissed with costs.
Judges
P J Loubser
Legal Topics
Taxation of Costs, Attorney and Client Scale, Urgent Application, Review of Taxing Master Decision
Civil Procedure Taxation of Costs Attorney and Client Scale Urgent Application Review of Taxing Master Decision

Case Brief

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Parties

Razzmatazz Civil (Pty) Ltd

Applicant

Independent Development Trust

Respondent

Minister: Government of the Republic of South Africa: Department of Public Works

Respondent

Reder Construction CC

Respondent

Procedural Posture

Review Application / Review of Taxation of Costs Under Rule 48

Legal Issues

  1. 1 Whether the taxing master erred in the taxation of senior counsel's fees for the Rule 30 application and the conditional condonation application.
  2. 2 Whether the hourly rate and calculation method used by the taxing master were appropriate and reasonable under the circumstances.
  3. 3 Whether the urgency of the applications justified a higher fee structure for counsel.

Ratio Decidendi

The court held that the taxing master erred in breaking up the day fee into hourly fees and in applying an incorrect hourly rate for certain hours worked. The correct approach is to determine a reasonable overall fee for the work done, considering the urgency and complexity of the matters. Although the taxing master taxed off too much from counsel's claimed fees, this was to the prejudice of the Third Respondent, who did not seek a higher award. The court found that the circumstances justified a higher fee structure due to the urgent nature of the applications and after-hours work required. However, since the Third Respondent did not challenge the taxation, the court declined to alter the...

Court Disposition

Application for review in terms of Rule 48 dismissed with costs.

Orders

  • The application for a review in terms of Rule 48 is dismissed with costs.