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Thread: Notice of intention to tax bill of costs

  1. #1
    Bronze Member Hermes14's Avatar
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    Notice of intention to tax bill of costs

    In 2009 I opened a civil case against a security company.
    The case was supposed to be heard in the Gauteng North High Court.
    The court dates were approximately one year apart.
    The first court date were postponed by the defendant & the second there wasn't a court room available when we arrived at court.
    Our Advocates started arguing the case outside the court rooms & the defendant postponed the case a second time.
    Three week before the next court date my Attorney informed me that my advocate will not be able to be in court & they were withdrawing from the case.
    A settlement was reached between me & the defendant.


    Today the sheriff of the court hands me a notice of intention to tax bill of costs.

    What is the purpose of this document?

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
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    It imply that part of the settlement was legal fees to be paid.
    The court taxing master determines that the bill is correct and not inflated or unreasonable
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  3. #3
    Bronze Member Hermes14's Avatar
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    I was the plaintiff in this case & this notice has been drafted by my attorney that informed me three weeks prior to the date I had to appear in the Gauteng North High Court that they will be with drawing as my lawyer because my Advocate will not be able to be present.
    I was unable to get another advocate in such short notice & I was informed that I can't defend myself in High Court.
    This notice has been addressed to The Registrar of the High Court & me.
    Does this mean that the legal team that failed to defend me in court are going to try & claim the outstanding costs from me or the defendant?

    The wording of the notice is as follows:
    Take notice that the Plaintiff's former attorney **** intends submitting the attached bill of costs to the Taxing Master at the North Gauteng High Court for taxation.

    You may inspect the documents or notes pertaining to any item on the bill of costs at ***(address) at a time to be arranged for a period o 10 (TEN) days.
    You may file a notice of intention to oppose the taxation at the address in paragraph 2 above within 20 (TWENTY) DAYSAFTER RECEIPT OF THIS NOTICE.
    In your notice of intention to oppose you shall list all items on the bill to which you object with a brief summary of the reasons for your objection and/or attach the marked bill of costs indicating items in dispute, with the intention of resolving/.settling such issues in dispute within FIVE (5) days after your objections were filed.

    Should you fail to file your Notice to Oppose within the time specified, the bill of costs will be submitted to the Taxing Master for taxation without further notice to you.

    If you do give notice to oppose within the specified time , you may at the taxation object only to the unresolved items specified in your Notice of Opposition or indicated on the marked bill of costs.

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    Site Caretaker Dave A's Avatar
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    Now you know why the only guaranteed winners in litigation are the lawyers
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  6. #6
    Bronze Member Hermes14's Avatar
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    Quote Originally Posted by Dave A View Post
    Now you know why the only guaranteed winners in litigation are the lawyers
    The enxt time I want to prove a point I find a way to do it without lawyers.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post



    It's true, though.
    The trouble with opportunity is it normally comes dressed up as work.

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    Email problem
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    I totally agree with you Dave.

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