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Supreme Court

Zhiqiang Gao & Anor v The Taxing Master & 2 Ors

SC 131/22

Case Details

Court
Supreme Court
Date
25 November 2022
Citation
SC 131/22
Neutral Citation
[2022] ZWSC 131
Outcome
unknown
Case Type
Review

Bench

Presiding
Mathonsi JA
Full Bench
Mathonsi JA
Areas of Law
Civil ProcedureLegal Practice
Keywords
Taxing MasterLegal Practitioner and Client CostsPremiumUpper MarginLaw Society Tariff
Tags
Taxation of CostsLegal FeesReview
legislation
Statutes Cited
  • Supreme Court Rules, 2018
  • Supreme Court Rules, 2018
  • High Court Rules, 2021
  • High Court Rules, 2021
  • Law Society General Tariff of Fees for Legal Practitioners, 2021
  • Law Society General Tariff of Fees for Legal Practitioners, 2021
  • Law Society General Tariff of Fees for Legal Practitioners, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first respondent erred in allowing a 50% premium on the taxed costs","issue_type":"law","dispositive":"yes","related_facts":"The Taxing Master allowed a premium based on the matter being difficult and of particular importance"}
  • {"issue_text":"Whether the first respondent erred in allowing the bill of costs to be charged using only the upper margin of the legal practitioner's applicable range","issue_type":"law","dispositive":"no","related_facts":"The legal practitioner charged fees at US$210 per hour (upper margin) for all attendances"}
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background
Facts of the Case

Background

The applicants sought condonation for late noting of an appeal in case SC 214/22, which was dismissed with costs on the legal practitioner and client scale. The second and third respondents filed a bill of costs which was taxed by the first respondent, allowing fees at the upper margin of the applicable range and a 50% premium. The applicants sought review of this taxation.
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