Van Os v Breda [1911] ZATPD 32 (27 March 1911)

Attorney - Costs - Taxation - Notice - Waiver of - Law 12 of 1899, Sect.3 - Amendment of Pleadings at Trial - Costs

By attending taxation of a bill of costs without objecting to the non-receipt of the written notice of taxation required to be served, under Law 12 of 1899, Sect.3, a party waives his right to receive such notice, and, thereafter, is not entitled to object to the validity of the taxation on the ground of want of such notice.

When at trial leave is granted to amend a pleading and no extra costs are occasioned thereby, the Court, on account of the amendment, will not deprive the party amending of any costs.