Marais v Union Government [1911] ZATPD 69 (19 May 1911)

Costs - Taxation - Affidavits - Revision of Taxing Master's Decision - Costs of Revision - Absence of Prayer for Costs

In revising taxation the Court is entitled to decide whether the Taxing Master has correctly found on the facts.

The fact that a replying affidavit has been prepared prior to the filing or serving of an answering affidavit is no ground for disallowing the costs thereof. The only question to be decided is whether or not the facts contained in such affidavit were relevant.

Where notice of motion for revision of taxation contained no prayer for costs, and the revision had been opposed on its merits, after the Court had granted the application, the applicant was allowed to amend this notice of motion by adding a prayer for costs and was granted the costs.