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South Africa decisions
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Dlwathi v Taxing Master and Others (2021/51100) [2025] ZAGPJHC 250 (10 March 2025)
The High Court dismissed a review of a taxing master’s ruling, holding the applicant had not followed Rule 48 procedure and that taxation was not stopped by appeal proceedings.
OSHO AGRI INVESTMENTS (PTY) LTD v HONEY ATTORNEYS and ANOTHER (3088/2021) [2022] ZAFSHC 140 (6 June 2022)
The High Court dismissed a review of a taxing master’s attorney-and-client costs taxation, finding no basis to interfere with the discretion exercised.
VKB Landbou (Pty) Ltd v Van Deventer (6115/2017) [2020] ZAFSHC 57 (23 January 2020)
Review of taxation dismissed where the applicant failed to object to individual items in time and sought a blanket review after taxation.
Jonker and Others v Taxing Master of the High Court and Another (2769/2017) [2019] ZAFSHC 56 (17 May 2019)
The court held that only those items in the Bill of Costs which were objected to at the taxation hearing could be reviewed under Rule 48. The applicants' objections to other items were belated and could not be entertained. The Taxing Master exercised her discretion correctly in taxing down or disallowing certain items, including travelling and preparation expenses, as corresponding attorneys were available at the seat of the court and the matter was not complex. The applicants failed to demonstrate exceptional circumstances justifying deviation from the general rule that litigation should be…
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Myburg N.O. v Rafferty and Another (3798/2016) [2017] ZAFSHC 99 (22 June 2017)
A taxation review failed after the court held the taxing master had properly exercised discretion and the applicant could not attack items not objected to at taxation.
Tywini obo Tywini v Road Accident Fund (616/2016) [2016] ZAECGHC 83 (1 September 2016)
The court held that Rule 48(1) only permits review of specific items objected to or disallowed by the taxing master, not general rulings absent such objections. In this case, the parties agreed to exclude duplicated costs and presented a consolidated bill, with no items objected to or disallowed by the taxing master. The plaintiff’s notice failed to meet the minimum requirements for review as set out in Brener, since it did not identify specific items or grounds of objection. The taxing master did not exercise a discretion subject to review, and the plaintiff’s conduct was inconsistent with b…
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Nama Khoi Local Municipality v MEC: Northern Cape Provincial Government (973A/2013, 1389/2013, 10A/B/2014, 2064/2013) [2016] ZANCHC 4 (1 July 2016)
The court found that the applicant failed to demonstrate that the Taxing Master's decision was clearly wrong. The review was not based on lack of mandate, and the grounds of objection were not properly defined as required by Rule 48(2). The Taxing Master acted within his discretion by taxing the bills on an attorney and own client scale, as there was no fee agreement but the services were rendered. The question of mandate could be raised in subsequent proceedings, not in this review. Accordingly, the review application was dismissed with costs.
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Van Biljon v Rautenbach (877/2014) [2014] ZAFSHC 181 (3 September 2014)
The court reviewed a taxing master’s refusal to proceed with taxation after an alleged settlement, set the ruling aside, and remitted the bill for taxation.
Norris and Another v Belfa Fire (Pty) Ltd and Another (EL: 197/2012, ECD: 497/2012) [2012] ZAECELLC 11 (18 May 2012)
The High Court dismissed an urgent application to stay execution of a costs writ pending a Rule 48 review of taxation, and refused referral to oral evidence.
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