Van Reenen v Gauteng Provincial Liqour Board and Another (3555/2017) [2019] ZAGPPHC 484 (16 September 2019)

Van Reenen v Gauteng Provincial Liqour Board and Another (3555/2017) [2019] ZAGPPHC 484 (16 September 2019)

The court found that the Taxing Master exercised her discretion reasonably and judicially in reducing the hourly rate from R2,500.00 to R1,600.00 and in disallowing certain items on the bill of costs. The fee agreement between the applicant and his attorney was not binding on the losing party or the Taxing Master, even in the presence of a punitive costs order. The reduction of fees and disallowance of items were justified under Rule 70(5)(a) of the Uniform Rules of Court, and there was no basis for the court to interfere with the Taxing Master's decision.

Citation
[2019] ZAGPPHC 484
Parties
Applicant: Pieter Lodewikus Van Reenen; Respondent: Gauteng Provincial Liquor Board; Respondent: Chairperson of the Gauteng Provincial Liquor Board
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 September 2019
Case Number
3555/2017
Procedural Posture
Review Application / Judgment on Application to Review Taxing Master's Decision
Outcome
Application for review of the Taxing Master's decision is refused; the Taxing Master's decision is confirmed.
Judges
Senyatsi, De Vos
Legal Topics
Taxation of Costs, Attorney and Client Costs, Judicial Discretion, Uniform Rules of Court Rule 70
Civil Procedure Taxation of Costs Attorney and Client Costs Judicial Discretion Uniform Rules of Court Rule 70

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Parties

Pieter Lodewikus Van Reenen

Applicant

Gauteng Provincial Liquor Board

Respondent

Chairperson of the Gauteng Provincial Liquor Board

Respondent

Procedural Posture

Review Application / Judgment on Application to Review Taxing Master's Decision

Legal Issues

  1. 1 Whether the Taxing Master exercised her discretion properly in disallowing certain items of the bill of costs taxed as between attorney and client.
  2. 2 Whether the fee agreement between the applicant and his attorney binds the losing party and the Taxing Master.
  3. 3 Whether the reduction of hourly rates and disallowance of certain items was justified under Rule 70(5)(a) of the Uniform Rules of Court.

Ratio Decidendi

The court found that the Taxing Master exercised her discretion reasonably and judicially in reducing the hourly rate from R2,500.00 to R1,600.00 and in disallowing certain items on the bill of costs. The fee agreement between the applicant and his attorney was not binding on the losing party or the Taxing Master, even in the presence of a punitive costs order. The reduction of fees and disallowance of items were justified under Rule 70(5)(a) of the Uniform Rules of Court, and there was no basis for the court to interfere with the Taxing Master's decision.

Court Disposition

Application for review of the Taxing Master's decision is refused; the Taxing Master's decision is confirmed.

Orders

  • The application to interfere with the Taxing Master's decision on the contended items of the bill of costs is refused.
  • The decision of the Taxing Master is confirmed.