| (1) |
If the Court has made an award of costs, the following provisions apply: |
| (a) |
The fees of one advocate and one attorney may be allowed between party and party, unless the Court, on application authorises the fees of additional advocates and attorneys. |
| (b) |
The fees of each additional advocate or attorney authorised in terms of paragraph (a) must not exceed half of those of the first advocate or attorney unless the court directs otherwise. |
[Subrule (1)(b) substituted by General Notice 1255 dated 18 November 2005]
| (c) |
The cost between party and party allowed in terms of an order of the Court, or any agreement between the parties, must be calculated and taxed by the taxing master at the tariff determined by the order or agreement, but if no tariff has been determined, the tariff applicable in a provincial division of the High Court will apply. |
[Subrule (1)(c) substituted by General Notice 1255 dated 18 November 2005]
| (d) |
Qualifying fees for expert witnesses may not be recovered as costs between party and party unless otherwise directed by the Court during the proceedings. |
| (2) |
The registrar and/or any other person who in the opinion of the Judge President is fit to perform the functions and duties assigned to and imposed on a taxing master by these rules, shall perform the functions and duties of a taxing master. |
[Subrule (2) substituted by General Notice 1255 dated 18 November 2005]
| (3) |
The taxing master is empowered to tax any bill of costs for services actually rendered in connection with proceedings in the court. |
| (4) |
At the taxation of any bill of costs, the taxing master may call for any book, document, paper or account that in the taxing master’s opinion is necessary to determine properly any matter arising from the taxation. |
| (5) |
The taxation master must not proceed to the taxation of any bill of cost unless the taxing master has been satisfied by the party requesting the taxation (if that party is not the party liable to pay the bill) that the party liable to pay the bill has received due notice as to the time and place of the taxation and of that party’s entitlement to be present at the taxation. |
| (6) |
Despite subrule (5), notice need not be given to a party— |
| (a) |
who failed to appear at the hearing either in person or through a representative; or |
| (b) |
who consented in writing to the taxation taking place in that party’s absence. |
| (a) |
The provisions of Uniform Rule 48 made pursuant to the provisions of sectin 43(2) of the Supreme Court Act No. 59 of 1959 and applicable in the various divisions of the High Court shall apply. |
| (b) |
The "judge" referred to in Uniform Rule 48 shall be a Judge of this Court appointed by the Judge President. |
[Subrule (7) substituted by General Notice 1255 dated 18 November 2005]
Contingency Fees Act, 1997
