South Africa Case Law

Mandela v Mandela and Others (Review) (1552/2013)

Mandela v Mandela and Others (Review) (1552/2013) [2025] ZAECMHC 29 (22 April 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1552/2013

Judge

Rusi

The court held that the Taxing Mistress was competent to determine liability for attorney and client costs under Rule 70(8), even in the absence of a specific court order awarding such costs. The objections raised by Randall Attorneys regarding the lack of mandate, supporting documentation, and tariff recognition were not substantiated by evidence. The Taxing Mistress called for and received documentary evidence, including counsel's invoice, and exercised her discretion properly in allowing the disputed items. The court found no improper motive, misapplication of mind, or disregard of relevan…

Source excerpt

• Taxation Of Costs
• Attorney And Client Bill
• Uniform Rules Of Court Rule 70
• Review Of Taxing Master Decision

La Grange v Road Accident Fund (Leave to Appeal)

La Grange v Road Accident Fund (Leave to Appeal) [2023] ZAGPPHC 532; 2020/37879 (20 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

2020/37879

Judge

Mokose

The High Court granted leave to appeal to the Full Court after default-judgment applicants challenged the disallowance of expert witness costs and the paper-only procedure.

• Costs Of Expert Witnesses
• Default Judgment
• Open Court Hearing
• Leave To Appeal
• Uniform Rules Of Court Rule 70
• Leave-to-appeal

Life Rosepark Hospital v Taxing Master of The High Court and Another (3088/2021)

Life Rosepark Hospital v Taxing Master of The High Court and Another (3088/2021) [2022] ZAFSHC 334 (28 November 2022)

Court

Free State High Court, Bloemfontein

Case number

3088/2021

Judge

Opperman

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.

• Review Of Taxation
• Uniform Rules Of Court Rule 48
• Uniform Rules Of Court Rule 70
• Judicial Discretion
• Costs Awards
• Review-of-taxation

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)

Court

Middelburg High Court, Mpumalanga

Case number

571/2017

Judge

Legodi JP

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

Van Reenen v Gauteng Provincial Liqour Board and Another (3555/2017)

Van Reenen v Gauteng Provincial Liqour Board and Another (3555/2017) [2019] ZAGPPHC 484 (16 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

3555/2017

Judges

Senyatsi, De Vos

The court refused to review a Taxing Master's ruling on costs, holding that the fee agreement between the successful party and his attorney did not bind the losing respondents.

• Taxation Of Costs
• Attorney And Client Costs
• Judicial Discretion
• Uniform Rules Of Court Rule 70
• Taxation-of-costs
• Attorney-and-client-costs

Motor Finance Corporation (Pty) Ltd v Prinsloo and Another (2891/2014)

Motor Finance Corporation (Pty) Ltd v Prinsloo and Another (2891/2014) [2016] ZAECGHC 105 (18 October 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

2891/2014

Judge

G H Bloem

Review of taxation in which the High Court set aside disallowance of a costs item, but held an attorney with right of appearance was not entitled to an advocate-like first day trial fee.

• Taxation Of Costs
• Attorney Right Of Appearance
• Fees For Preparation And Trial
• Uniform Rules Of Court Rule 70
• Taxation-of-costs
• Attorney-right-of-appearance