South Africa Case Law

Ramsay Webber Incorporated v Anastassopoulos (2020/30563)

Ramsay Webber Incorporated v Anastassopoulos (2020/30563) [2022] ZAGPJHC 479 (25 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/30563

Judge

Maier-Frawley

The court found that the plaintiff was not entitled to redraw its bill of costs for taxation and claim a higher amount than originally invoiced, as there was no agreement or reservation of rights permitting such an increase. The facts did not align with the exception recognized in Hathorn, since the plaintiff's reservation of rights was made only after the final bill was rendered and did not expressly inform the defendant that a different bill would be prepared for taxation. The written mandate contained a non-variation clause, and no written variation was produced. The revised bill did not c…

Source excerpt

• Attorney Client Fees
• Taxation Of Costs
• Written Mandate
• Variation Of Contract
• Liquid Document

Tshisevhe Gwina Ratshimbilani Incorporated v Gijima Holdings (PTY) Ltd (41445 /2020)

Tshisevhe Gwina Ratshimbilani Incorporated v Gijima Holdings (PTY) Ltd (41445 /2020) [2022] ZAGPJHC 463 (11 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

41445 /2020

Judge

Nichols

The court found that the plaintiff's amended particulars of claim set out the material terms of the written mandate, the reasons for deviation from the capped fee, and the factual basis for the increased fee. The allegations were sufficiently particularized and supported by annexures. The defendant failed to demonstrate that the particulars of claim were bad in law or that the amendments rendered the pleadings excipiable, vague, or embarrassing. The court held that the issues raised by the defendant were matters for trial and evidence, not for determination on exception. The plaintiff's appli…

Source excerpt

• Uniform Rule 28
• Exception Procedure
• Written Mandate
• Legal Fees Claim
• Pleading Requirements

Chatiras t/a Angela Chatiras Attorneys v Snell; Chatiras t/a Angela Chatiras Attorneys v Snell (40542/16)

Chatiras t/a Angela Chatiras Attorneys v Snell; Chatiras t/a Angela Chatiras Attorneys v Snell (40542/16) [2018] ZAGPJHC 500 (13 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

40542/16

Judge

EF Dippenaar

High Court judgment for unpaid legal fees after oral and written mandates. Court rejected duress, prescription, and non-joinder defences, and awarded costs on an attorney-client scale.

• Attorney Client Fees
• Oral Mandate
• Written Mandate
• Prescription Act
• Joinder
• Costs Order

Kampvuur Eindom Bk v Panos (21461/2005)

Kampvuur Eindom Bk v Panos (21461/2005) [2010] ZAGPPHC 554 (12 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

21461/2005

Judge

N.M. Mavundla

The High Court dismissed an application for leave to appeal in an estate agent commission dispute, holding there was no realistic prospect of overturning credibility-based findings.

• Estate Agent Commission
• Effective Cause
• Written Mandate
• Credibility Finding
• Estate-agent-commission
• Effective-cause