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South Africa decisions
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Joubert Kramer Weihmann Inc - Review of Taxation (3645/2022) [2024] ZAFSHC 375 (20 November 2024)
The High Court reviewed a taxation ruling and disallowed costs for 7,000 pages of discovered documents, finding them irrelevant to the exception and strike-out applications.
Masweneng Attorneys and Another v Makwela M.P.Attorneys and Others (1326/2014) [2024] ZALMPPHC 120 (30 September 2024)
The court found that the applicants failed to provide a satisfactory explanation for the delay in challenging the taxed bill of costs. Documentary evidence indicated that notice of taxation was delivered, and the applicants were aware of the taxed bill as of 26 October 2016. The delay of almost one year was not justified, and the explanation that the applicants were waiting for proof of service was not credible, as such information could have been obtained from the court file. The court held that there were no prospects of success in the application for condonation and that the interests of j…
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Pillay and Another v Sewlal N.O and Others (163/2022) [2024] ZATC 8 (31 July 2024)
The Supreme Court of Appeal dismissed a review of taxation, upholding perusal fees for correspondent attorneys and finding no basis to interfere with the Taxing Master.
Gqomo v Taxing Master and Another (EL2120/2023) [2024] ZAECELLC 20 (15 May 2024)
The court held that Rule 48 cannot be used to compel a taxing master to proceed with taxation where no allocatur had been made.
Kumba Iron Ore v Ansec 189 (7941/21) [2024] ZAGPJHC 100 (7 February 2024)
A High Court review of taxation partly succeeded after the court held Kumba had meaningfully contributed to a joint answering affidavit and could recover 20% of disallowed items.
Maluleke Msimang and Associates v Aphiri and Another (90695/15) [2024] ZAGPPHC 84 (31 January 2024)
The High Court reviewed and set aside a taxed bill of costs, stayed execution, and held that the taxing master had properly recalled an irregular bill.
Waterkloof Holdings (Pty) Ltd and Another v Van Tonder N.O. and Others (4975/2020) [2023] ZAFSHC 455 (16 November 2023)
Review of taxation dismissed where the court found no basis to interfere with the taxing master’s allowance of senior counsel’s fees and related reductions.
Minister of Agriculture, Land Reform and Rural Development and Another v Maidstone Planters Proactive Landowners Association and Others (LCC173/2011C) [2023] ZALCC 39 (6 November 2023)
The Land Claims Court dismissed an urgent interdict to stop execution against departmental goods, holding the applicants failed to object to taxation and had no prima facie right.
Havenga v Havenga and Others - Review of Taxation (3327/2021) [2023] ZAFSHC 418 (23 October 2023)
The High Court dismissed a Rule 48 review of taxation, holding that the taxing mistress properly exercised her discretion in allowing costs under the settlement resolution.
Timac Agro South Africa (Pty) Ltd v Nel (3379/2020) [2023] ZAFSHC 84 (22 March 2023)
The High Court granted condonation and stayed execution pending review of taxed allocaturs, and dismissed the respondent’s counter-application.
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