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South Africa Case Law

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Civil Procedure [2014] ZAFSHC 181

Van Biljon v Rautenbach (877/2014)

Van Biljon v Rautenbach (877/2014) [2014] ZAFSHC 181 (3 September 2014)

The court reviewed a taxing master’s refusal to proceed with taxation after an alleged settlement, set the ruling aside, and remitted the bill for taxation.

  • Taxation Of Costs
  • Review Of Taxing Master
  • Rule 48 Procedure
  • Allocatur Requirement
  • Taxation-of-costs
  • Review-of-taxing-master
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Civil Procedure [2011] ZAFSHC 144

Ex parte: Workforce Group, Ex parte: Workforce Group v Futter and Another (6188/2009, 290/2010)

Ex parte: Workforce Group, Ex parte: Workforce Group v Futter and Another (6188/2009, 290/2010) [2011] ZAFSHC 144 (1 September 2011)

The court held that while a candidate attorney may represent a party at taxation, the review application was fatally defective because the allocatur had not been affixed to the bill of costs. The affixing of the allocatur signifies the finality of the taxation process, and until this is done, the taxing mistress may alter her decision. The absence of allocatur renders any review application premature and justifies its dismissal. The applicant failed to address this critical procedural requirement and persisted with the application despite the defect. Accordingly, the review of taxation was re…

  • Review Of Taxation
  • Allocatur Requirement
  • Uniform Rules Of Court
  • Costs Award
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