Court’ – ‘attend to file’ – ‘copies for service and to keep’ – ‘printing costs of original for Court’ – ‘make copies of documents for court’ – (plaintiff’s discovered documents) – [56] The taxing master states that he allowed an ‘all-inclusive fee under B2 of the 6th Schedule’ in this regard. [57] While the general application of rule B2 of the 6th Schedule seems to be correct it is the ‘lumping together’ of all the above listed items into an ‘all-inclusive fee’ that seems to be contrary to the requirements set by the tariff formulation of item B2 which provides for and allows for a charge per folio. [58] This ruling can accordingly not be upheld and these items, accordingly, have to be taxed afresh. Ad items 5 - 16, 17, 72, 74,110,111,112,114, [59] The items in issue are for : ‘Telephone call to Registrar to enquire about Summons (not issued yet) – 10 min’ –‘Telephone call to enquire – 5 min’ - ‘Telephone consultation with client re: Defendant’s whereabouts -15 min’ – ‘Telephone call to Tracing Agents to enquire – 5 min’ – Telephone call to Defendant re: Suitable date for rule 37 – 10 mins (5 mins allowed) – ‘Further telephone call to BD Basson Inc re: Notice of Representation – 5 min’ ( abortive call – no objection) - ‘Telephone call to Defendant re: Rule 37 -10 min’ - (duplication agreed by Defendant) – [60] It appears firstly that in respect of item 110 half of N$ 84.00 was allowed. This cannot be faulted. [61] The Taxing Master’s defence of the remaining items was based on the view that these were for abortive or unnecessary calls to the Registrar’s office in respect of which it was not clear whether any delay was actually caused by the issuing (of the summons) by the Registrar’s office.
report’ – ‘Draw letter to client to report’ – ‘Draw letter to Tracing Agents’ – ‘Copy of Return of Non Service’ – ‘Draw letter to client with copy and report’ – ‘Draw letter to client to report’ –‘Draw letter to Tracing Agents tracing report’ – ‘Draw letter to Tracing Agents to enquire’ – ‘Draw letter to client to report’ – ‘Telephone consultation with client re: Defendant’s whereabouts’ –‘Copy for client and deputy Sheriff’ – ‘Draw letter to client to report’ – ‘Copy for client’ – ‘Draw letter to client to report’ – ‘Copy for client’ – ‘draw letter to client with Notice and attend on Registrar to inspect file’ – ‘Draw letter to client to report’ – ‘Copy of signed report to keep’. [80] The taxing master held that these costs are attorney/own client costs. [81] The applicant raised an objection that it does not fall under such costs. The applicant submitted that the taxing master was wrong because the legal practitioner is entitled to keep the client informed of the progress in his case by way of letters and/or telephone calls and also to receive and peruse letters and any other document from the client with direct reference to this matter. The applicant further submitted that a legal practitioner carries a responsibility throughout the litigation process to keep his client posted on all matters concerning the case. The legal practitioner is therefore entitled to report to the client and this cannot be regarded as pre-litigation costs or attorney/client costs. [82] For purposes of determining this issue it may be helpful to again recall what attorney and client costs are: The distinction is usefully set out in Jones & Buckle: ‘These costs are those which the attorney is entitled to recover from his client in respect of disbursements made on behalf of the client, and for professional services rendered by him to his client. They are payable by the client whatever the outcome of the case and do not depend upon any award of costs by the court. ‘In the wide sense it includes all the costs an attorney is entitled to recover against his client on taxation of his bill of costs, but in the narrow and more technical sense the term is applied to those costs, charges and expenses as between attorney and client which ordinarily the client cannot recover from the other party. In Hawkins v Gelb the court described attorney and client costs in the wider sense as including ‘all those costs in