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What does Wasted Costs include? What is the specific steps that needs to be taken to have a taxation on review?

~ Ronel Kemp Thank you for your questions. We will deal with each in order of appearance.

WASTED COSTS

Wasted Costs, by definition, are all such costs that has to be repeated or has become unusable to the Party who is awarded wasted costs. For example: when a matter is postponed, attendances like a Notice of Set Down, phone calls made or letters written to set up attendances at Court or for preparatory consultations and the time spent at Court becomes wasted because it will have to be repeated in future. The time spent preparing for the hearing eg. consultations with Experts and Witnesses etc. are also partially wasted because a big portion of that will again have to be repeated in future in order to refresh everyone’s minds before the next hearing. The same principle applies in respect of Counsel’s attendances.

REVIEW OF TAXATION

The first requirement in respect of a Review in terms of Rule 48 is that the Taxing Master must be functus officio and that the bill must be allocated proper before one can review any of his/her decisions. Second thing to know is that only such items that were objected to on taxation can be reviewed. The Rule does not provide for new items or new argument to be introduced. A Notice in terms of Rule 48(1) should ideally contain the following: (a) a short background/history of the matter, (b) identify the item/s being reviewed, (c) a short summary of the argument/grounds for objection, (d) a short summary of the counter-argument and (e) a short summary of the Taxing Master’s findings of facts in respect of the items being Reviewed. Such Notice of Review must be filed within 14 days from the date of allocator.