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South Africa Case Law

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Civil Procedure [2009] ZAECGHC 85

Brand v Road Accident Fund (CA170/09)

Brand v Road Accident Fund (CA170/09) [2009] ZAECGHC 85 (30 November 2009)

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.

  • Costs Awards
  • Magistrates Court Tariff
  • Party And Party Costs
  • Discretion In Costs
  • Abandonment Of Claim
  • Civil-procedure
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Civil Procedure [2006] ZAECHC 47

Road Accident Fund v Forbes (CA 197/05)

Road Accident Fund v Forbes (CA 197/05) [2006] ZAECHC 47 (28 September 2006)

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…

  • Costs Awards
  • Magistrates Court Tariff
  • Taxing Master Discretion
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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.