Tlhole v Road Accident Fund (63535/2013) [2017] ZAGPPHC 235 (10 March 2017)

Tlhole v Road Accident Fund (63535/2013) [2017] ZAGPPHC 235 (10 March 2017)

The court found that the taxing master erred in both the reduction of hours and the hourly rates claimed by the applicant's attorneys. The evidence established that the attorneys were engaged in necessary consultation and court attendance from 08h30 to 13h00, including travel time, and these hours should have been allowed in full. The court further held that the agreed hourly rates between the applicant and his attorneys were reasonable and should not have been reduced to the party and party tariff, as the costs were awarded on an attorney and client scale. The taxing master was directed to amend the bill of costs to reflect the full amounts claimed for items 164 and 165.

Citation
[2017] ZAGPPHC 235
Parties
Applicant: MSTlhole; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 March 2017
Case Number
63535/2013
Procedural Posture
Review Application / Review of Taxation Under Rule 48(1)
Outcome
The review of taxation was upheld; the taxing master's reductions of hours and rates for items 164 and 165 were set aside.
Judges
MP Mdalana-Mayisela
Legal Topics
Review of Taxation, Attorney and Client Costs, Party and Party Tariff, Costs Award, Professional Fee Dispute
Civil Procedure Review of Taxation Attorney and Client Costs Party and Party Tariff Costs Award Professional Fee Dispute

Case Brief

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Parties

MSTlhole

Applicant

Road Accident Fund

Respondent

Procedural Posture

Review Application / Review of Taxation Under Rule 48(1)

Legal Issues

  1. 1 Whether the taxing master erred in reducing the hours claimed for court attendance and consultation by the applicant's attorneys.
  2. 2 Whether the taxing master erred in reducing the hourly rates agreed between the applicant and his attorneys for attorney and client costs.
  3. 3 Whether the professional fees of Mr Scheepers should be taxed at the agreed rate or the party and party tariff.

Ratio Decidendi

The court found that the taxing master erred in both the reduction of hours and the hourly rates claimed by the applicant's attorneys. The evidence established that the attorneys were engaged in necessary consultation and court attendance from 08h30 to 13h00, including travel time, and these hours should have been allowed in full. The court further held that the agreed hourly rates between the applicant and his attorneys were reasonable and should not have been reduced to the party and party tariff, as the costs were awarded on an attorney and client scale. The taxing master was directed to amend the bill of costs to reflect the full amounts claimed for items 164 and 165.

Court Disposition

The review of taxation was upheld; the taxing master's reductions of hours and rates for items 164 and 165 were set aside.

Orders

  • The taxing master's taxation of items 164 and 165 in the bill of costs of Adams and Adams Attorneys is set aside.
  • Item 164 is allowed in the amount of R10 182.15.