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South Africa decisions
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Gqomo v Taxing Master and Another (EL2120/2023) [2024] ZAECELLC 20 (15 May 2024)
The court held that Rule 48 cannot be used to compel a taxing master to proceed with taxation where no allocatur had been made.
Conrad Kruger Inc and Another v Taxing Master and Another (2018/45232) [2020] ZAGPPHC 212 (23 March 2020)
The High Court dismissed a review of a Taxing Master’s rulings on costs, holding that the taxing officer had to apply the court’s attorney-and-own-client costs order.
Dinos and Another v Agro V.I.M SA and Another (08284/14) [2015] ZAGPJHC 72 (29 January 2015)
The court held that the general rule requires a peregrinus to provide security for costs to an incola, especially where the incola would face uncertainty and inconvenience in enforcing a costs order abroad. The first respondent did not allege impecuniosity or hardship in furnishing security and, in fact, confirmed its financial ability to do so. No facts justified deviation from the general rule, and the court was not persuaded to exercise its discretion in favour of the first respondent. Accordingly, the application for security for costs was granted.
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Kleinfontein Boerebelange Kooperatief Bpk v Zeevaart (65949/2013) [2014] ZAGPPHC 929 (27 October 2014)
High Court refused to sequestrate a respondent over costs debts, finding the protected compensation award and housing concerns justified withholding the order.
Rustenburg United Local and Long Distane Taxi Association v Bafokeng Taxi Owners Association (1434/07) [2011] ZANWHC 32 (30 June 2011)
The court held that, following the amendment to Rule 14, the respondent is entitled to seek execution against individual members of the applicant association for the satisfaction of the costs order, even after judgment has been granted. The previous limitation found in Jacobs v T J Daly & Sons (Pty) Ltd is no longer applicable, as the rule now expressly allows for notices to be delivered before or after judgment. The individuals were members of the applicant association during the relevant period and are therefore personally liable, jointly and severally, for the costs order and the costs of…
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