Wimbush and Another v Erintrade (Pty) Ltd t/a RT Chemicals (548/13) [2013] ZAKZPHC 39 (11 June 2013)

Wimbush and Another v Erintrade (Pty) Ltd t/a RT Chemicals (548/13) [2013] ZAKZPHC 39 (11 June 2013)

The court found that the taxing master exercised discretion judicially in disallowing the costs of Cape Town attorneys as out-of-town instructing attorneys. The Respondent failed to demonstrate that the complexity of the matter or the location of directors and employees justified the employment of Cape Town attorneys on a party and party scale. The principal place of business and relevant events were within the jurisdiction of the Pietermaritzburg court, and instructions could have been obtained and affidavits prepared by local attorneys. The partial allowance of item 54 was reasonable, as the time claimed for consultations exceeded what was necessary for the matter at hand. The court was...

Citation
[2013] ZAKZPHC 39
Parties
Applicant: R T Wimbush; Applicant: Harvest Chemicals (Pty) Ltd; Respondent: Erintrade (Pty) Ltd t/a RT Chemicals
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
11 June 2013
Case Number
548/13
Procedural Posture
Review Application / Review of Taxation of Party and Party Bill of Costs
Outcome
Review dismissed. Respondent ordered to pay Applicants' costs relating to the review.
Judges
Koen
Legal Topics
Taxation of Costs, Party and Party Costs, Discretion of Taxing Master, Attorney Fees, Review of Taxation
Civil Procedure Taxation of Costs Party and Party Costs Discretion of Taxing Master Attorney Fees Review of Taxation

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Parties

R T Wimbush

Applicant

Harvest Chemicals (Pty) Ltd

Applicant

Erintrade (Pty) Ltd t/a RT Chemicals

Respondent

Procedural Posture

Review Application / Review of Taxation of Party and Party Bill of Costs

Legal Issues

  1. 1 Whether the taxing master exercised discretion judicially in disallowing costs for Cape Town attorneys as out-of-town instructing attorneys.
  2. 2 Whether the partial allowance of item 54 in the bill of costs was justified.
  3. 3 Whether the Respondent is entitled to recover costs for Cape Town attorneys on a party and party scale.

Ratio Decidendi

The court found that the taxing master exercised discretion judicially in disallowing the costs of Cape Town attorneys as out-of-town instructing attorneys. The Respondent failed to demonstrate that the complexity of the matter or the location of directors and employees justified the employment of Cape Town attorneys on a party and party scale. The principal place of business and relevant events were within the jurisdiction of the Pietermaritzburg court, and instructions could have been obtained and affidavits prepared by local attorneys. The partial allowance of item 54 was reasonable, as the time claimed for consultations exceeded what was necessary for the matter at hand. The court was...

Court Disposition

Review dismissed. Respondent ordered to pay Applicants' costs relating to the review.

Orders

  • The review is dismissed.
  • The Respondent is directed to pay the Applicants' costs relating to the review.