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South Africa decisions
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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.
Penwill v Penwill NO and Others (CCT 91/18) [2020] ZACC 17; 2020 (12) BCLR 1419 (CC) (21 July 2020)
The Constitutional Court found that the Taxing Master had misapplied the applicable tariff to item 23 of the bill of costs by using Part C 3(a) instead of the correct Part C 3(c), which applies to affidavits composed or corrected by counsel. The correct tariff was R12.00 per page, not R47.00, resulting in a reduction of the allowed amount from R1 504.00 to R384.00. The court held that the warrant of execution and notice of attachment, which were based on the incorrect taxation, must be set aside. For the other challenged items, the court found no basis to interfere with the Taxing Master's di…
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Matthews N.O and Others v Thyne N.O and Others (20714/17) [2018] ZAGPPHC 30 (16 February 2018)
The court found that although the third to sixth plaintiffs are peregrines residing in Australia, the second plaintiff possesses substantial assets and business interests in South Africa, including unencumbered immovable property and significant shareholding in local companies. The plaintiffs are jointly and severally liable for any adverse costs order, and the second plaintiff's assets provide sufficient assurance that costs can be recovered locally. The action brought by the plaintiffs was bona fide, aimed at recovering trust assets allegedly misappropriated by the sixth defendant, and not…
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