South Africa Case Law

Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088)

Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088) [2012] ZAGPJHC 64 (18 April 2012)

Court

South Gauteng High Court, Johannesburg

Case number

08/26088

Judge

P Coppin

The court held that it had not made any order regarding qualifying fees in the main judgment because the issue was not raised by either party at trial. The application for qualifying fees was not an attempt to vary the costs order, but rather to seek ancillary relief that could have been granted had it been requested at the appropriate time. The court found that the application was brought within a reasonable time and that the defendants were not at fault for the delay. The qualifying fees for Drs Edeling and Mazabow were reasonable and necessary, and the court exercised its discretion to all…

Source excerpt

• Costs Order
• Qualifying Fees
• Functus Officio
• Ancillary Relief

Ostling N.O v Road Accident Fund (656/07)

Ostling N.O v Road Accident Fund (656/07) [2008] ZAECHC 34 (6 May 2008)

Court

High Courts - Eastern Cape

Case number

656/07

Judge

RJW Jones

The court held that an expert psychologist’s qualifying fees were recoverable as costs, even though he was ultimately not called to testify.

• Expert Witness Costs
• Taxation Of Costs
• Qualifying Fees
• Settlement
• Personal Injury
• Expert-witness-costs

Alenson v A B Brickworks (Pty) Ltd (554/90)

Alenson v A B Brickworks (Pty) Ltd (554/90) [1992] ZASCA 124; 1993 (1) SA 62 (AD); (1 September 1992)

Court

Supreme Court of Appeal

Case number

554/90

Judges

Corbett, Hoexter, Milne, Van Coller, Krieger

The court held that a settlement clause required the appellant to refund 50% of reassessment tax, but set aside an award of expert qualifying fees.

• Contractual Indemnity
• Income Tax Reassessment
• Interpretation Of Contract
• Qualifying Fees
• Directors Remuneration
• Contractual-indemnity