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South Africa decisions
Decisions matching the current search
N.P.S obo A.S v Member of the Executive Council for Health, Gauteng (Variation) (55763/2020) [2024] ZAGPPHC 271 (18 March 2024)
The High Court varied its earlier order under Rule 42(1)(b) to add omitted costs for expert witnesses’ qualifying, preparation and reservation fees.
Vehicle Delivery Services a division of Onelogix (Pty) Ltd v Key Group and Another (4655/2021) [2023] ZAFSHC 141 (11 May 2023)
High Court costs ruling after settlement of merits and quantum. The court declined punitive costs and awarded party-and-party costs on the High Court scale.
Radebe v Minister of Rural Development and Land Reform and Others (LCC73/2020) [2022] ZALCC 46 (21 September 2022)
The Land Claims Court awarded costs to the second defendant after it substantially succeeded in opposing a land claim that settled for monetary compensation.
Cipla Vet (Pty) Ltd v Merial and Others (1068/2020) [2022] ZASCA 5 (11 January 2022)
The Supreme Court of Appeal confirmed that a wasted-costs order included costs of two counsel and expert qualifying fees, and dismissed the appeal.
Van Niekerk v Road Accident Fund (2521/2015) [2017] ZAECPEHC 1 (17 January 2017)
Road Accident Fund matter in which the court confirmed settlement, ordered 80% liability, damages, costs of two counsel, expert fees, and an undertaking for future medical costs.
Mbatha v Road Accident Fund (06771/2015) [2016] ZAGPJHC 237; 2017 (1) SA 442 (GJ) (26 August 2016)
The High Court refused immediate costs on a partial settlement of RAF merits, holding that costs to date were costs in the cause until quantum is resolved.
Glenister v President of the Republic of South Africa and Others (CCT 28/13) [2013] ZACC 20; 2013 (11) BCLR 1246 (CC) (14 June 2013)
The Constitutional Court refused to vary a costs order to include expert witness fees, finding Rule 42 was not engaged and the expert evidence was not necessary.
Ras v Land en Landbou Ontwikkelingsbank van Suid Afrika (2360/2010) [2012] ZANWHC 63 (8 November 2012)
The court held that the taxing master erred by treating all disputed expert costs as qualifying fees requiring a court order or agreement, without distinguishing between costs incurred for procurement of evidence and drafting pleadings, and those for preparation for trial. The taxing master failed to exercise proper discretion by not considering each item individually. The court found that some items may be recoverable as party and party costs if incurred for procurement of evidence or drafting pleadings, while preparation fees for trial require a court order or agreement. The matter was refe…
Source excerpt
Excellent Petroleum (Pty) Ltd v Synchrony Logistics (Pty) Ltd t/a Imperial Bulk Services (2008/32155) [2011] ZAGPJHC 210 (8 September 2011)
High Court costs ruling after partial success in voidable preference claims, with expert-related preparation and trial costs for Gerber disallowed on taxation.
Cipla Medpro (Pty) Ltd v H Lundbeck A/S and Another In re: H Lundbeck A/S and Another v Cipla Medpro (Pty) Ltd (89/4476) [2010] ZACCP 6; 2010 BIP 80 (CP) (24 May 2010)
The court refused to vary costs orders to add expert witness qualifying fees, finding no patent error or omission and that the application was brought too late.
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