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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.
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.
Life Rosepark Hospital v Taxing Master of The High Court and Another (3088/2021) [2022] ZAFSHC 334 (28 November 2022)
Review of taxation proceedings set aside for serious irregularities, including lack of a proper record and concerns that the taxing mistress relied on a judge’s views.
Matsepe NO and Others v Master of the High Court Bloemfontein and Another (Venter and Another Intervening) (4528/2018) [2020] ZAFSHC 176 (27 October 2020)
The review application was filed out of time, and no application for condonation was made. The applicants did not raise objections before the taxing master, and the taxation was settled by agreement between attorneys. The notices of review failed to comply with Rule 48(2) as they did not relate to what transpired at the taxation and lacked grounds attached to the objected items. As a result, the application for review of taxation cannot succeed.
Source excerpt
Rabie v Rabie (55793/2014) [2017] ZAGPPHC 241 (13 March 2017)
The High Court dismissed a Rule 48 review of taxation because the notice was served out of time and no condonation was sought.
Rogers v Rogers (103/2010) [2012] ZANWHC 46 (14 December 2012)
The court dismissed a Rule 48 review of taxation, holding the defendant’s objections were belated and non-compliant, and confirmed the taxed costs.
Mackonie obo Reid and Another v Premier of the Free State Provincial Government (4131/2009) [2012] ZAFSHC 92 (10 May 2012)
The court held that a taxation review could not proceed because the Taxing Master had not supplied the stated case and report required by Rule 48.
Jankowitz and Another v Road Accident Fund (1113/2007) [2008] ZAFSHC 131 (27 November 2008)
The High Court set aside a bill-of-costs taxation and ordered re-taxation de novo because no proper stated case from the original taxing master was available.
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