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South Africa decisions
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Jankowitz and Another v Padongelukkefonds (1902/2003) [2003] ZAFSHC 21 (25 September 2003)
High Court review of taxation of costs. The court upheld objections to two cost items, dismissed objections to three others, and awarded a R250 contribution to the applicants.
Mackay v Niehaus NO and Others, Starbuck v Niehaus NO and Others (P671/00, P672/00) [2000] ZALC 128; [2001] 3 BLLR 365 (LC); (2001) 22 ILJ 186 (LC) (9 November 2000)
The Labour Court found that the taxing master misdirected himself by failing to apply the proper meaning of 'wasted costs of the day' as established in South African case law. The term encompasses all costs rendered useless due to the fault of the opposing party, not merely those incurred on the arbitration day. The Court held that Rule 15(6) of the CCMA does not confer jurisdiction, but section 158(1)(g) of the Labour Relations Act does. The exclusion of items 1-4 from the bill of costs was a gross irregularity. The decisions of the taxing master were reviewed and set aside, and the matters…
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