South Africa Case Law

Tshabangu and Others v Road Accident Fund (A317/2023)

Tshabangu and Others v Road Accident Fund (A317/2023) [2025] ZAGPPHC 453 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

A317/2023

Judges

Bam, Van der Schyff, Moshoana

The court held that the Taxing Master does not have discretion to allow preparation costs for expert witnesses unless authorised by a court order or by consent of all interested parties. The orders of the court a quo were therefore incorrect in leaving this matter to the Taxing Master's discretion. The appeal was upheld and the orders amended to require the defendant to pay the reasonable preparation costs of expert witnesses, including the costs of reports, updated reports, and calculations.

Source excerpt

• Costs Of Expert Witnesses
• Taxation Of Costs
• Party And Party Costs
• Preparation Fees
• Discretion Of Taxing Master

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P)

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P) [2021] ZAKZPHC 64 (20 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2899/2021P

Judge

Mossop AJ

The High Court reviewed a Taxing Master’s allowance of perusal fees, holding that a service level agreement did not oust the discretion to tax costs reasonably.

• Taxation Of Costs
• Review Of Taxing Master
• Service Level Agreement
• Reasonableness Of Fees
• Bulk Perusal
• Discretion Of Taxing Master

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P)

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P) [2021] ZAKZPHC 62 (17 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2899/2021P

Judge

Mossop AJ

The court reviewed taxation of costs and held that the Taxing Master erred by treating a service level agreement as binding without assessing whether perusal fees were reasonable.

• Taxation Of Costs
• Review Of Taxing Master
• Reasonableness Of Attorney Fees
• Service Level Agreement
• Bulk Perusal
• Discretion Of Taxing Master

Absa Bank Limited v Oosthuizen (A7/2020; 2496/2020)

Absa Bank Limited v Oosthuizen (A7/2020; 2496/2020) [2021] ZAFSHC 335 (1 September 2021)

Court

Free State High Court, Bloemfontein

Case number

A7/2020; 2496/2020

Judge

NS Daniso

The court found that the taxing master exercised her discretion properly in allowing the costs of two sets of attorneys. The respondent's choice to appoint instructing attorneys in Kroonstad, near his place of employment, was reasonable given the limited availability of attorneys in Bultfontein. The court accepted that the engagement of both firms was convenient and cost-effective, and that the taxing master's decision was consistent with Rule 70(8) and established case law. Accordingly, the review application was dismissed.

Source excerpt

• Taxation Of Costs
• Uniform Rules Of Court
• Discretion Of Taxing Master

BG Talioe v Family Advocate and another (641/2017)

BG Talioe v Family Advocate and another (641/2017) [2021] ZAFSHC 71 (26 February 2021)

Court

Free State High Court, Bloemfontein

Case number

641/2017

Judge

Opperman

The court held that the Taxing Master exercised her discretion judiciously and in accordance with established principles and practice. The applicant's objections were found to be based on personal opinion rather than substantive legal grounds. The Taxing Master provided rational reasons for allowing the disputed items, including consultations, perusal of documents, and correspondence, and applied appropriate deductions for attorney and client items. The applicant failed to inspect the file or provide evidence to support his objections. The court reiterated that its role is not to substitute i…

Source excerpt

• Taxation Of Costs
• Review Of Taxing Master
• Party And Party Costs
• Discretion Of Taxing Master

Delport v Maroela Properties CC t/a Maroela Holiday Flats (12655/2011)

Delport v Maroela Properties CC t/a Maroela Holiday Flats (12655/2011) [2018] ZAKZDHC 40 (10 September 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

12655/2011

Judge

Mbatha

Review of taxation dismissed: the court upheld the Taxing Master’s disallowance of costs, including Gauteng-based legal fees and unspecified items.

• Taxation Of Costs
• Party And Party Costs
• Attorney And Client Costs
• Discretion Of Taxing Master
• Choice Of Legal Representative
• Taxation-of-costs

Hendriks N.O. and Others v Grant (6087/2010)

Hendriks N.O. and Others v Grant (6087/2010) [2017] ZAFSHC 196 (26 October 2017)

Court

Free State High Court, Bloemfontein

Case number

6087/2010

Judge

S Chesiwe

High Court review of a taxation of costs under Rule 48. Most disputed items were upheld as properly taxed, but VAT on expert fees for item 82 was taxed off.

• Taxation Of Costs
• Review Under Rule 48
• Wasted Costs
• Discretion Of Taxing Master
• Taxation-of-costs
• Rule-48-review

Pieterse N.O and Another v Botha and Others (4591/2014)

Pieterse N.O and Another v Botha and Others (4591/2014) [2015] ZAFSHC 255 (17 September 2015)

Court

Free State High Court, Bloemfontein

Case number

4591/2014

Judge

Mocumie

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…

Source excerpt

• Taxation Of Costs
• Party And Party Scale
• Counsel Fees
• Review Of Taxing Master
• Discretion Of Taxing Master

Electronic Patient Records (Pty) Ltd v Minister of Health, Northern Cape (1115/2010)

Electronic Patient Records (Pty) Ltd v Minister of Health, Northern Cape (1115/2010) [2015] ZANCHC 24 (28 August 2015)

Court

Northern Cape High Court, Kimberley

Case number

1115/2010

Judge

Erasmus, AJ

High Court review of a taxation of costs: the court upheld the taxing master’s disallowance of travel and preparation fees and dismissed the application.

• Taxation Of Costs
• Party And Party Costs
• Discretion Of Taxing Master
• Condonation
• Advocate Fees
• Taxation-of-costs

Tanker Project Solutions CC v Matjhabeng Local Municipality (1273/2012)

Tanker Project Solutions CC v Matjhabeng Local Municipality (1273/2012) [2014] ZAFSHC 146 (28 August 2014)

Court

Free State High Court, Bloemfontein

Case number

1273/2012

Judge

L J Lekale

High Court review of a taxation decision upheld the taxing master’s disallowance of a country-attorney’s travel and consultation costs.

• Taxation Of Costs
• Discretion Of Taxing Master
• Party And Party Costs
• Country Attorney Expenses
• Taxation-of-costs
• Discretion-of-taxing-master