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South Africa decisions
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Thabazimbi Air Compressors (Pty) Ltd v ACDC Winding (Pty) Ltd (39556/2020) [2025] ZAGPPHC 532 (22 May 2025)
The High Court dismissed an application to set aside a taxed bill of costs and compel documents, holding the applicant used the wrong procedure and PAIA did not apply.
Sheriff of Pretoria North East v SA Taxi Development Finance (Pty) Limited and Others (23904/2017) [2023] ZAGPJHC 346 (14 April 2023)
The High Court dismissed an application to rescind a taxing master’s allocatur, holding that a rule 30 notice did not stay taxation and had lapsed.
Umsobomvu Coal Proprietary Limited v Transasia Mineral SA Proprietary Limited (50816/2020) [2022] ZAGPPHC 893 (15 November 2022)
The High Court granted a final winding-up order after finding the respondent failed to pay taxed costs and that its conditional payment and set-off defences did not defeat liquidation.
S J Van Den Berg Attorneys v Tsihlas (39721/2021) [2022] ZAGPPHC 716 (23 September 2022)
The respondent failed to raise a bona fide and legally sustainable defence to the applicant's claim for payment of legal fees. Her anticipated counterclaim for damages is unquantified and unsupported by material facts, and her dissatisfaction with the quality of services does not excuse payment for services rendered and reflected in the taxed bill of costs. The applicant's claim is unassailable, and the respondent's defences are opportunistic, bad in law, and do not constitute triable issues. Summary judgment is therefore granted in favour of the applicant.
Source excerpt
Sumelar Ontwikkelings (Pty) Ltd v HTF Developers (Pty) Ltd (22587/08) [2008] ZAGPHC 247; 2008 (6) SA 650 (T) (7 August 2008)
Summary judgment was refused in a costs dispute involving a ceded taxed bill of costs, because the defendant raised a bona fide defence based on an alleged agreement and possible set-off.
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