T-Tech IT Solutions CC and Another v Microsoft Corporation and Others (5/13) [2015] ZAGPPHC 676 (21 September 2015)

T-Tech IT Solutions CC and Another v Microsoft Corporation and Others (5/13) [2015] ZAGPPHC 676 (21 September 2015)

The court found that the Taxing Master exercised his discretion properly in taxing the Bill of Costs, making substantial reductions to both Senior and Junior counsel's fees where appropriate. There was no evidence of improper conduct, mala fides, or ulterior motives. The service of the notice of set down for taxation was effected in accordance with the rules and was proper. The Applicants' objections regarding irregularity and excessiveness of counsel's fees were addressed by the Taxing Master's reductions. The failure to provide a stated case was due to the resignation of the Taxing Master and did not constitute non-compliance with Rule 48. The court concluded that there was no basis to...

Citation
[2015] ZAGPPHC 676
Parties
Applicant: T-Tech IT Solutions CC; Applicant: Ismail Goolam Hoosen Sheik; Respondent: Microsoft Corporation; Respondent: Minister of Police; Respondent: The Sheriff Pretoria East
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 September 2015
Case Number
5/13
Procedural Posture
Review Application / Application for Review of Tax Allocatur Under Rule 48(1) of the Uniform Rules of Court
Outcome
Application dismissed with costs.
Judges
M D Mohlamonyane
Legal Topics
Taxation of Costs, Review of Taxing Master, Exercise of Discretion, Service of Process
Civil Procedure Taxation of Costs Review of Taxing Master Exercise of Discretion Service of Process

Case Brief

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Parties

T-Tech IT Solutions CC

Applicant

Ismail Goolam Hoosen Sheik

Applicant

Microsoft Corporation

Respondent

Minister of Police

Respondent

The Sheriff Pretoria East

Respondent

Procedural Posture

Review Application / Application for Review of Tax Allocatur Under Rule 48(1) of the Uniform Rules of Court

Legal Issues

  1. 1 Whether the Taxing Master exercised his discretion improperly in taxing the Bill of Costs.
  2. 2 Whether the Tax Allocatur should be reviewed and set aside for non-compliance with Rule 48.
  3. 3 Whether service of the notice of set down for taxation was proper.

Ratio Decidendi

The court found that the Taxing Master exercised his discretion properly in taxing the Bill of Costs, making substantial reductions to both Senior and Junior counsel's fees where appropriate. There was no evidence of improper conduct, mala fides, or ulterior motives. The service of the notice of set down for taxation was effected in accordance with the rules and was proper. The Applicants' objections regarding irregularity and excessiveness of counsel's fees were addressed by the Taxing Master's reductions. The failure to provide a stated case was due to the resignation of the Taxing Master and did not constitute non-compliance with Rule 48. The court concluded that there was no basis to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.