Brand v Road Accident Fund (CA170/09) [2009] ZAECGHC 85 (30 November 2009)
Court
Eastern Cape High Court, Grahamstown
Case number
CA170/09
Judges
Kroon, Plasket
Appeal against a magistrate’s costs order. The High Court held counsel’s fees could exceed the tariff and that the reserved costs should have been awarded to the appellant.
Road Accident Fund v Forbes (CA 197/05) [2006] ZAECHC 47 (28 September 2006)
Court
High Courts - Eastern Cape
Case number
CA 197/05
Judges
Jones, Schoeman
The magistrate's order awarding counsel's fees at three times the tariff was specifically authorised by the rules and did not constitute an unauthorised departure from the Magistrates' Court Act. The discretion was exercised judicially, taking into account relevant factors such as the complexity of the case, the involvement of expert witnesses, and the inadequacy of the tariff. The increased fee did not alter the nature of the costs order, and the taxing master retained discretion to determine reasonableness within the raised ceiling. The appeal was dismissed as none of the appellant's ground…