Marks & Holland v Palmer & Another [1915] ZATPD 40 (28 May 1915)

Costs-Taxation of-Right to waive-Public policy -Agreement for lump sum unenforceable.

Sec. 13 of Law 12 of 1899 provides t.hat an attorney practising in the lower courts shall not be entitled to payment on his bill of costs before it has been taxed. Held, that the provision was based on public policy and could not be waived. An agreement by a party to pay a lump sum for costs in a civil case is therefore invalid and cannot be enforced.