Taxing Master: Mr T Yalezo Court: Western Cape High Court – Cape Town Taxation of: RE Tyler vs D Erasmus Issue in dispute:

The Applicant was presenting the bill of costs under jurisdiction of a punitive attorney and client costs order by Acting Justice E Steyn. The Respondent argued that they never formally opposed the application and therefor all the Applicant needed to do was to bring a chamber book application i.t.o. practice note # 23 and therefor there was no need to adhere to an interim court order determining when papers should be filed. The Respondent requested that the Applicant’s Supplementary Affidavit and Heads of Argument as requested by the Court should be disallowed. The Applicant argued that the Taxing master may not in hindsight look at the matter and basically overrule the Court by disallowing such costs as was directed by the Court. The Taxing Master also had to have regard to the specific circumstances of the matter which entailed a request for late filing of opposing papers by the Respondent, the Respondent’s malicious attitude and the many settlement proposals put forward by the Respondent which the Applicant had to entertain. At no point did the Respondent indicate that he will not oppose the matter and in fact attended the Applicant at court before the final hearing in an attempt to settle. Ruling: The Taxing Master correctly ruled that the Applicant conducted the matter according to the interim order and allowed all such costs.

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