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South Africa decisions
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Tawana v Maldives Body Corporate and Others (045570-2023) [2024] ZAGPJHC 374 (16 April 2024)
High Court review of a taxation decision. The court partly upheld the review, disallowing some counsel and preparation fees, while allowing Caselines-related costs.
Mafoko Security Patrols (Pty) Ltd v University of KwaZulu-Natal and Another (9313/2020) [2023] ZAKZDHC 22 (12 May 2023)
High Court review of a taxing master’s allocatur on party-and-party costs, dealing with counsel’s fees, indexing, and disallowed travelling costs.
Van Pletzen v Taxing Master of the High Court and Other (4992/2014) [2021] ZAFSHC 4 (15 January 2021)
The court found that the taxing master erred in applying the two-thirds principle, which is outdated and not supported by current practice or authoritative guidelines. The calculations made by the taxing master were erroneous, and there was no evidence of untoward conduct by counsel or attorney. The taxing master failed to present facts or legal authority justifying the disallowance of counsel's fees for preparation, perusal, and drafting. In the absence of any suggestion of improper conduct, counsel should be entitled to full fees for work done. The court held that the taxing master's discre…
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Williams N.O v Taxing Mistress of the High Court,Port Elizabeth; In re: Williams N.O v Road Accident Fund and Others (942/2015) [2019] ZAECPEHC 34; [2019] 3 All SA 658 (ECP) (4 June 2019)
The court held that the Taxing Mistress acted correctly in considering fees charged by counsel in other matters when determining the reasonableness of the fees claimed in the present matter. The practice in the Division allows counsel to hold trial briefs in consecutive matters on the running roll, but does not entitle counsel to charge a full day trial fee for each matter where attendances overlap. Charging more than one full day fee on the same day constitutes overreaching and renders the fees unreasonable. The Taxing Mistress properly exercised her discretion by allowing a composite fee ba…
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Trollip v Taxing Mistress of the High Court and Others (6091/2015) [2018] ZAECGHC 59; 2018 (6) SA 292 (ECG) (31 July 2018)
The court found that the taxing mistress erred in reducing Mr Smuts SC's first day trial fee by half. There was no evidence that Mr Smuts performed other fee-generating appearance work on the day in question, and the inference drawn by the taxing mistress was based on an incorrect assumption regarding his presence at court. The court held that, in the absence of evidence to the contrary, advocates are presumed to act honestly and ethically, and are entitled to a full day trial fee when a matter is postponed or settled on the trial date. The guidelines relied upon by the taxing mistress were i…
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Sonny and Another v Premier of the Province of KwaZulu-Natal and Another (33185/2015) [2016] ZAKZPHC 107 (12 December 2016)
The court reviewed a taxation of costs, finding the Taxing Master failed to consider the case’s complexity, expert evidence, and counsel fees properly.
Pieterse N.O and Another v Botha and Others (4591/2014) [2015] ZAFSHC 255 (17 September 2015)
The court found that the taxing master failed to exercise her discretion judicially by relying on subjective assumptions about the complexity of the case and not considering the specific circumstances. The eviction application was not a routine matter; it involved significant public interest, complex factual and legal issues, and the applicants were abroad. The instructing attorney's seniority did not negate the need for counsel's involvement. There was no evidence of improper conduct by counsel or attorney. The court held that counsel's full fees for drafting affidavits should be allowed on…
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Society of Advocates of Kwazulu - Natal v Levin (4564/13) [2015] ZAKZPHC 35; 2015 (6) SA 50 (KZP); [2015] 4 All SA 213 (KZP) (6 July 2015)
High Court review of taxation in attorney-and-client costs, focusing on counsel fees, consultations, and preparation allowances under Rule 48.
Camps Bay Ratepayers and Residents Association and Another v Harrison and Another (CCT 76/12) [2012] ZACC 17; 2012 (11) BCLR 1143 (CC) (20 September 2012)
The Constitutional Court reviewed and reduced taxed counsel fees, finding the original award excessive and disproportionate in light of the litigation history.
Alpherea Financial Services v Grove (6299/11) [2011] ZAKZPHC 55 (1 September 2011)
A taxation review over whether counsel’s fees of R7,000 were properly allowed as costs of an adjournment. The High Court found no error and dismissed the review.
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