Savanha Construction and Maintenance CC v Phillips and Another (3803/2019) [2020] ZALMPPHC 21 (13 May 2020)

Savanha Construction and Maintenance CC v Phillips and Another (3803/2019) [2020] ZALMPPHC 21 (13 May 2020)

The court found that the Taxing Master failed to comply with Rule 48(3)(b) by not setting out findings of fact or the approach followed in taxing the bills. The Taxing Master did not provide factual bases for his decisions, instead relying on subjective beliefs about reasonableness and exorbitance. The court held that the Taxing Master's discretion was not properly exercised, as he did not articulate the facts or reasoning supporting his rulings. Both the applicant and respondents successfully challenged the Taxing Master's allocation, which affected almost the entire bill. The court concluded that the Taxing Master's allocation must be set aside in its entirety and the matter referred...

Citation
[2020] ZALMPPHC 21
Parties
Applicant: Savanha Construction and Maintenance CC; Respondent: Joan Kim Phillips; Respondent: Hippopools Investments Share Block Scheme Limited
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
13 May 2020
Case Number
3803/2019
Procedural Posture
Review Application / Review of Taxing Master's Allocation Under Rule 48
Outcome
Review upheld; Taxing Master's allocation set aside; matter referred for taxation afresh before another Taxing Master; no order as to costs.
Judges
Kganyago
Legal Topics
Taxation of Costs, Attorney and Own Client Scale, Review of Taxing Master, Rule 48 Uniform Rules, Costs Awards
Civil Procedure Taxation of Costs Attorney and Own Client Scale Review of Taxing Master Rule 48 Uniform Rules Costs Awards

Case Brief

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Parties

Savanha Construction and Maintenance CC

Applicant

Joan Kim Phillips

Respondent

Hippopools Investments Share Block Scheme Limited

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Allocation Under Rule 48

Legal Issues

  1. 1 Whether the Taxing Master exercised his discretion properly in taxing the applicant's and respondents' bills of costs.
  2. 2 Whether the Taxing Master's stated case complied with Rule 48(3)(b) by setting out findings of fact and the approach followed.
  3. 3 Whether the fees allowed or disallowed by the Taxing Master were reasonable and justified.

Ratio Decidendi

The court found that the Taxing Master failed to comply with Rule 48(3)(b) by not setting out findings of fact or the approach followed in taxing the bills. The Taxing Master did not provide factual bases for his decisions, instead relying on subjective beliefs about reasonableness and exorbitance. The court held that the Taxing Master's discretion was not properly exercised, as he did not articulate the facts or reasoning supporting his rulings. Both the applicant and respondents successfully challenged the Taxing Master's allocation, which affected almost the entire bill. The court concluded that the Taxing Master's allocation must be set aside in its entirety and the matter referred...

Court Disposition

Review upheld; Taxing Master's allocation set aside; matter referred for taxation afresh before another Taxing Master; no order as to costs.

Orders

  • The review by both applicant and respondents is upheld.
  • The Taxing Master's allocation is set aside in its entirety.