Smith and Others v MEC for Health - Mpumalanga (571/2017)
Smith and Others v MEC for Health - Mpumalanga (571/2017) [2021] ZAMPMHC 2; 2021 (6) SA 532 (ML) (3 February 2021)
The court held that the taxing master is empowered and obliged to scrutinize all items in a bill of costs, including those settled between the parties, in order to ensure that fees claimed are reasonable and in accordance with the tariff. The notion that settled items are exempt from the taxing master's discretion is incorrect and undermines the integrity of the taxation process. The court found that the applicants' conduct in attempting to pressure the taxing mistress and submitting contradictory statements regarding the drawing of bills and filing of rule 70 certificates was unjustified and…
Source excerpt
- Taxation Of Costs
- Uniform Rules Of Court Rule 70
- Taxing Master Discretion
- Settlement Of Costs
- Professional Conduct
- Rule 70 Certificates