Borman and Hay Ward Inc v Meridian Bay Restaurant (Pty) Ltd (16884/2008)
Borman and Hay Ward Inc v Meridian Bay Restaurant (Pty) Ltd (16884/2008) [2008] ZAWCHC 311 (3 December 2008)
The court found that the defendant did not dispute the engagement of the applicant's services and that significant costs were incurred as a result. The only dispute raised concerned the quantum of costs, which is properly determined by the taxing master. The defendant's assertion that the taxing master was obliged to tax at the High Court tariff was unsupported by any factual basis in the affidavit. The absence of a signed fee mandate did not constitute a defence sufficient to resist summary judgment. The court concluded that there was no reasonable prospect that another court would reach a d…
Source excerpt
- Summary Judgment
- Defence On Affidavit
- Quantum Of Costs
- Taxing Master Jurisdiction