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Wasted costs are those costs which a party will have to incur again in the future for example: notice of set down to be drafted after obtaining a new date and the appearance at court on the new date.

Van Heerden and Another // Tarr 1959 (2) SA 328 - Wasted costs result from a situation whereby services rendered and costs incurred are no longer of use to the party, or useless to the continuation of the action

Protea Life Co Ltd // Mich Quenet Financial Brokers en Andere 2001 (2) SA 636 - The concept of wasted costs does not relate only to work which has been wasted, but also to additional costs which are incurred as a result of blameful party's actions.

Tarry & Co Ltd // Matatiele Municipality 1965 (3) SA 134 - Generally a party who cuases the wasted costs is responsible for paying them

Party and party costs are those costs incurred by a litigant during the litigation process. When successful the Judge/Magistrate will order the unsuccessful litigant to pay the costs of suit, or his/she will specify the costs on party and party scale. These costs are costs allowed as per the relevant tariff, and includes the fees of the attorney and the expenses incurred by the attorney to be able to litigate. The Taxing Master taxes party and party costs stricly in line with what the tariff allows, and considers what is reasonable and necessary.

Hebstein & Van Winsen The Civil Practice of the Supreme Court of South Africa 4 ed (1997) at 702 describes party and party costs as those costs which have been incurred by a party to legal proceedings and which the other party is to pay him. They do not include all costs which a party to suit may have incurred but only those costs, charges and expenses that appear to the taxing master to have been necessary for the attainment of justice or for defending the rights of any party

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