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South Africa Case Law

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Civil Procedure [2024] ZATC 9

Framatome v Eskom Holdings Soc Limited (357/2021)

Framatome v Eskom Holdings Soc Limited (357/2021) [2024] ZATC 9 (28 February 2024)

Court
Tax Court
Case number
357/2021
Judge
Mabindla-Boqwana JA

The court held that the Taxing Master erred in disallowing the foreign attorneys' fees solely due to the absence of a certificate from the foreign jurisdiction. The Grindlays case does not establish an absolute requirement for such certificates; rather, it allows the Taxing Master to scrutinise foreign bills as vouchers and to request further information to assess reasonableness. The absence of a certificate does not preclude assessment, but it is desirable for verification to be obtained from an independent third party with expertise in the foreign billing system. The matter was remitted to…

Source excerpt

  • Taxation Of Costs
  • Foreign Attorney Fees
  • Review Of Taxing Master
  • Certificate Requirement
  • Duplication Of Costs
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Civil Procedure [2015] ZAFSHC 80

Loedolff v Padongelukkefonds (280/2011)

Loedolff v Padongelukkefonds (280/2011) [2015] ZAFSHC 80 (23 April 2015)

Court
Free State High Court, Bloemfontein
Case number
280/2011
Judge
Kruger, R

The court held that the taxing master was correct in his approach to the taxation of costs where an attorney performed advocate-type work. The master properly considered the actual work done, the hours billed, and the avoidance of duplication, applying the hourly tariff for attorneys rather than the daily fee for advocates. The applicant's reliance on Maluti Plant Hire CC v Mangaung Metropolitan Municipality was misplaced, as the principle that attorneys are entitled to advocate-level fees only where there is no duplication is well established. The distinction between advocate and attorney fe…

Source excerpt

  • Taxation Of Costs
  • Attorney Advocate Fee Distinction
  • Duplication Of Costs
  • Rule 69 And Rule 70 Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.