South Africa Case Law

Minister of Police v Guntu (962/2021)

Minister of Police v Guntu (962/2021) [2025] ZAECMHC 12; [2025] 3 All SA 206 (ECM) (4 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

962/2021

Judge

M Mhambi

The applicant was given sufficient notice of the taxation and the bill of costs via electronic mail and failed to object or attend the taxation proceedings. The correspondence from the applicant's attorneys acknowledged receipt of the taxed bill and indicated an intention to settle, without contesting the notification process. The applicant's failure to object or attend amounts to willful default and consent to the taxation. The principles governing rescission of default judgments apply, and the applicant has not met the requirements for rescission or condonation. The application is therefore…

Source excerpt

• Rescission Of Allocatur
• Condonation Of Late Filing
• Notice Of Taxation
• Default Judgment Principles

Mofokeng and Another v Taxing Master of the Free State High Court and Others (4685/2023)

Mofokeng and Another v Taxing Master of the Free State High Court and Others (4685/2023) [2024] ZAFSHC 350 (5 November 2024)

Court

Free State High Court, Bloemfontein

Case number

4685/2023

Judge

Loubser

The High Court dismissed an application to rescind a Taxing Master’s allocatur, finding the late notice of opposition unexplained in part and Rule 42 inapplicable.

• Taxation Of Costs
• Rescission Of Allocatur
• Late Filing Of Opposition
• Rule 42
• Rule 48
• Taxation-of-costs

Dodd N.O and Others v Duff (7789/2019P)

Dodd N.O and Others v Duff (7789/2019P) [2024] ZAKZPHC 62 (7 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7789/2019P

Judge

Mossop

The High Court refused condonation for late heads of argument, set aside a taxing master’s allocatur and writ, and sent the bill of costs back for opposed taxation.

• Condonation
• Taxation Of Costs
• Rescission Of Allocatur
• Practice Directives
• Authority Of Attorney
• Taxation-of-costs

Tommy's Used Spares CC t/a Tommy's Auto Parts v Attorneys Anand-Nepaul and Another (36924/2020)

Tommy's Used Spares CC t/a Tommy's Auto Parts v Attorneys Anand-Nepaul and Another (36924/2020) [2020] ZAGPJHC 269 (1 June 2020)

Court

South Gauteng High Court, Johannesburg

Case number

36924/2020

Judge

FHD Van Oosten

The High Court rescinded a taxation and allocatur for an attorney-and-own-client bill after finding no proper notice of taxation and that the Taxing Master had not properly taxed the bill.

• Taxation Of Costs
• Rescission Of Allocatur
• Notice Of Taxation
• Attorney And Own Client Bill
• Condonation
• Taxation-of-costs

Scheepers v Stander NO and Others In re: Stander NO and Another v Scheepers (73309/2009)

Scheepers v Stander NO and Others In re: Stander NO and Another v Scheepers (73309/2009) [2013] ZAGPPHC 208 (28 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

73309/2009

Judge

B Neukircher

The court held that section 21 of the Insolvency Act did not deprive the applicant of standing to challenge a costs liability, and set aside the allocatur and writ.

• Rescission Of Allocatur
• Condonation Of Late Filing
• Costs Taxation
• Locus Standi
• Insolvency Act Section 21
• Insolvency-act-section-21