Finally back from Florida and once again out from under a landslide of paperwork that was waiting at work for me. So rather than delve into another intensive post, I'm going to share some more photos of famous gents with their shirts off — as usual, quite a variety of types. Randomness is a way of life for me sometimes.
These are review proceedings.
The respondent applies for the review of the taxation. The applicant has filed no papers in opposition of the application. The taxing officer abides. The public auction was scheduled for By agreement between the applicant and the 1st respondent, the urgent application was granted but the costs thereof stood over for later adjudication.
On the 11th March the costs were awarded to the 1st respondent. Henceforth I refer to the 1st respondent simply as the respondent. Mashinini, qua the taxing officer, for taxation.
The taxation of the consequent bill has given rise to the current review.
There were only two fee items which fell under the latter category. However, those two items are not before me in this review. The rest of the items as regards both fees and disbursements fell under the former category. The allocatur was issued on the 29 June It showed that the sum of R4 ,50 in respect of fees was disallowed and of R12 ,95 in respect of the disbursements component of the bill was also disallowed.
Consequently, the respondent called upon the taxing officer peruses writing a letter state a case in terms of rule 48 1 for the decision of a judge. There were ten items complained off. I shall revert to them in due course. The taxing officer mailed his written response to the parties by way of registered post.
I assume, in the absence of the certificate of posting, that he did so on the 14 September I also assume that the parties received it within seven court days, in other words, before the 29 September Their rights to file written submissions expired on the 8 October The respondent did not submit any further written submissions or any fresh grounds of objections not previously advanced at the taxation.
Likewise, the applicant submitted no such further submissions or fresh grounds. On the 13 October he advised the parties that he had nothing further to add to the stated case.
He obviously considered the matter closed for submissions by the parties. I offered to take the matter over from her to enable her to finalise her reserved judgment before she left our division to take up her permanent seat on the KZN bench.
We were privileged to have her on our bench which she graced with dignity. I am indebted to her for the ground-work she did before the take-over. I immensely valued her input. In those matters this court had awarded costs to the respondent against the applicant on the scale as between party and party pap scale.
The bill of costs was taxed. It applied for the review of the taxation on the ground that no valid reason existed to justify the deductions made by the taxing officer. Besides that there were no numerous other grounds for me to advert to.
To do so a court must be in the same or better position than the taxing officer to determine the point in issue.
There are two instructive features in the judgment by Smith AJP. The one is that the taxation of the bill of cost is primarily the prerogative of the taxing officer.
The other is that the scope of intervention by the courts is limited. The various ground on which the court can interfere with the discretion of the taxing officer are enumerated in the passage.How to write a Cover Letter - The Complete Guide with Cover Letter Examples And Samples A resume without a cover letter is like Lennon without McCartney.
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