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South Africa decisions
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Sieberhagen v Nkosi Attorneys and Associates and Another (2477/2021) [2025] ZAMPMBHC 21 (29 January 2025)
The High Court refused summary judgment in a fee dispute, finding genuine factual disputes over the mandate, fee agreement, and whether counsel’s invoices were liquid.
Verveen Incorporated and Another v Ngoma Trading CC and Another (27041/2014) [2019] ZAGPPHC 452 (23 August 2019)
The High Court held that the first defendant was liable for the plaintiffs’ agreed conveyancing fee, with interest and costs, and dismissed its special plea.
Knipe and Others v Noordman N.O. and Others (4817/2014) [2016] ZAFSHC 167 (22 September 2016)
The court reviewed a taxed bill of costs and upheld most of the Taxing Master’s discretion, but sent the drafting fee, taxation fee, and one attendance item back for retaxation.
Nama Khoi Local Municipality v MEC: Northern Cape Provincial Government (973A/2013, 1389/2013, 10A/B/2014, 2064/2013) [2016] ZANCHC 4 (1 July 2016)
The court found that the applicant failed to demonstrate that the Taxing Master's decision was clearly wrong. The review was not based on lack of mandate, and the grounds of objection were not properly defined as required by Rule 48(2). The Taxing Master acted within his discretion by taxing the bills on an attorney and own client scale, as there was no fee agreement but the services were rendered. The question of mandate could be raised in subsequent proceedings, not in this review. Accordingly, the review application was dismissed with costs.
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Presbiteriaanse Kerk Randburg v Bakker (38157/2009) [2009] ZAGPPHC 387 (20 November 2009)
The High Court ordered a former attorney to hand over a client’s litigation files after payment of outstanding fees, rejecting any further right to retain the originals.
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