The Rock Foundation Properties CC v Dosvelt Properties (Pty) Limited and Another

Following the dismissal of the applicants’ application for reconsideration of the refusal of leave to appeal under s 17(2)(f) of the Superior Courts Act 10 of 2013, the Supreme Court of Appeal ordered the applicants to pay the respondents’ costs. The respondents’ bills of costs were set down for taxation. The taxation was postponed once at the applicants’ request to allow them to secure new legal representation after terminating their attorneys’ mandates. On the rescheduled date, the applicants failed to attend, and the taxation proceeded in their absence. Thereafter, the applicants requested the Taxing Master to state a case for review by the President of the SCA under rule 17(3), alleging procedural unfairness and disputing items allowed at taxation. The Taxing Master refused, holding that a party who did not attend taxation and raise objections could not invoke rule 17(3). The applicants then approached the SCA seeking to review the Taxing Master’s refusal to state a case.

The application was dismissed with costs.

The judgment confirms and reinforces the strict and limited scope of review under SCA rule 17(3), clarifying that non-attendance at taxation is fatal to a subsequent attempt to invoke the rule. It provides authoritative guidance on the procedural discipline required in taxation proceedings and delineates the proper remedies available for alleged procedural unfairness.