South Africa Case Law

Standard Bank of South Africa Limited v Khewija Engineering and Construction (Pty) Ltd (2022/013143)

Standard Bank of South Africa Limited v Khewija Engineering and Construction (Pty) Ltd (2022/013143) [2025] ZAGPJHC 11 (13 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/013143

Judge

BC Wanless

The High Court refused a last-minute postponement, found the request lacked bona fides, and granted judgment for the bank on its monetary claims with punitive costs.

• Postponement Of Proceedings
• Summary Judgment
• Attorney And Own Client Costs
• Abuse Of Process
• Postponement-of-proceedings
• Attorney-and-own-client-costs

Oosthuizen and Another v Rene Fouche Incorporated and Others (022383/2022)

Oosthuizen and Another v Rene Fouche Incorporated and Others (022383/2022) [2024] ZAGPJHC 683 (26 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

022383/2022

Judge

DA Turner

The court found that the contingency fee agreement concluded by the attorneys was invalid and unenforceable due to non-compliance with the Contingency Fees Act, both procedurally and substantively. The agreement was concluded too late, at a stage when litigation risk was minimal, and the attorneys failed to present the agreement and required affidavits to the court as mandated by section 4 of the Act. The attorneys overreached by applying a 100% success fee mark-up to fees incurred before the agreement and after the litigation risk had dissipated, including charging for work done by a differe…

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• Contingency Fee Agreements
• Fiduciary Duty
• Overreaching
• Locus Standi
• Waiver Of Child Rights
• Attorney And Own Client Costs

Babcock Financial Services (Pty) Ltd v D and H Freight CC (D10858/2023)

Babcock Financial Services (Pty) Ltd v D and H Freight CC (D10858/2023) [2024] ZAKZDHC 21 (9 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D10858/2023

Judge

Mossop

The court ordered return of a leased truck after finding the respondent breached the lease by missing a January 2023 instalment and the applicant validly cancelled.

• Lease Agreement Breach
• Specific Performance
• Urgent Interdict
• Attorney And Own Client Costs
• Lease-agreement-breach
• Urgent-application

GMK Civils (Pty) Ltd v Bryte Insurance Company Ltd and Another (2024-030334)

GMK Civils (Pty) Ltd v Bryte Insurance Company Ltd and Another (2024-030334) [2024] ZAGPJHC 316 (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-030334

Judge

Moorcroft

The court held that demand guarantees are autonomous instruments, and the guarantor's obligation to pay arises solely upon presentation of the required documents, irrespective of disputes under the underlying contract. Judicial intervention is only warranted in cases of fraud, which was not alleged or proven here. The applicant's delay in bringing the urgent application was unjustified, and the urgency was self-created. The application to restrain payment under the guarantee pending arbitration was dismissed, and a punitive costs order was warranted due to the applicant's conduct and disregar…

Source excerpt

• Performance Guarantee
• Autonomy Of Demand Guarantee
• Interim Interdict
• Urgent Application
• Attorney And Own Client Costs

Firstrand Bank Limited v Petezake (2023-022639)

Firstrand Bank Limited v Petezake (2023-022639) [2024] ZAGPJHC 166 (26 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-022639

Judge

Adams

The High Court granted judgment against a surety after a loan was called up and ordered the principal debtor company into final winding-up for commercial insolvency.

• Suretyship Liability
• Acceleration Clause
• Commercial Insolvency
• Winding Up Order
• Constitutional Challenge
• Attorney And Own Client Costs

Maluleke Msimang and Associates v Aphiri and Another (90695/15)

Maluleke Msimang and Associates v Aphiri and Another (90695/15) [2024] ZAGPPHC 84 (31 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

90695/15

Judge

SST Kholong

The High Court reviewed and set aside a taxed bill of costs, stayed execution, and held that the taxing master had properly recalled an irregular bill.

• Review Of Taxation
• Powers Of Taxing Master
• Stay Of Execution
• Attorney And Own Client Costs
• Review-of-taxation
• Taxing-master-discretion

Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P)

Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P) [2022] ZAKZPHC 78 (29 November 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6994/2022P

Judge

Seegobin

High Court review of taxation in attorney-and-own-client bills. The court upheld some item disallowances, but allowed WhatsApp correspondence, consultation travel, and reconsideration of a correspondent’s account.

• Taxation Of Costs
• Attorney And Own Client Costs
• Reasonableness Of Fees
• Vat On Legal Costs
• Correspondence Tariff
• Review Of Taxing Master

R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018)

R H Christie Incorporated v Taxing Master - Supreme Court of Appeal (1086/2018) [2021] ZASCA 152 (27 October 2021)

Court

Supreme Court of Appeal

Case number

1086/2018

Judge

NAVSA

The Supreme Court of Appeal partially upheld a review of taxation, allowing only certain disputed cost items and otherwise confirming the taxing master’s reductions.

• Review Of Taxation
• Attorney And Own Client Costs
• Overreaching
• Condonation Application
• Disbursements
• Fee Agreements

1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017)

1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017) [2021] ZALMPPHC 33 (20 July 2021)

Court

Limpopo High Court, Polokwane

Case number

7134/2017

Judge

KGANYAGO

Review of a Taxing Master’s costs rulings dismissed. The court held the agreed hourly rate was exorbitant and that allowing tariff plus 100% was proper.

• Taxation Of Costs
• Attorney And Own Client Costs
• Review Of Taxing Master
• Uniform Rules Of Court
• Reasonableness Of Fees
• Taxation-of-costs

Bravura Solutions (Pty) Ltd v A1 Capital (Pty) Ltd (12632/2020)

Bravura Solutions (Pty) Ltd v A1 Capital (Pty) Ltd (12632/2020) [2021] ZAGPJHC 722 (13 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

12632/2020

Judge

Majavu

Summary judgment was granted on an acknowledgment of debt after the court rejected technical defences about a suspensive condition and jurisdiction.

• Summary Judgment
• Acknowledgement Of Debt
• Rectification Of Contract
• Jurisdiction
• Liquid Document
• Attorney And Own Client Costs