Mabaso v Road Accident Fund (940/2009)
Mabaso v Road Accident Fund (940/2009) [2011] ZAFSHC 215; 2012 (2) 656 (FB) (21 September 2011)
The court held that costs relating to quantum cannot be claimed until quantum is settled, the defendant consents to witnesses or the court orders such, and the taxing master fixes the qualifying expenses. The taxing master was correct in disallowing these items at this stage. Regarding settlement negotiations, the court found that all time spent, including consultations with clients, forms part of necessary party and party costs and should not be separated as attorney and client costs. The taxing master acted on a wrong principle by disallowing a portion of these costs. For waiting time at co…
Source excerpt
- Taxation Of Costs
- Party And Party Costs
- Attorney And Client Costs
- Settlement Negotiations
- Waiting Time Fees