Supreme Court (Amendment) Rules 2010

	Home \| Databases \| WorldLII \| Search \| Feedback Papua New Guinea Court Rules

Persuant to s184 of the Constitution and Section 41 of the Supreme Court Act (Chapter No 37) and all other powers therunto enabling, the following rules prescribing the practice and procedure of the Supreme Court of Justice relating to costs incurred in relation to all proceedings instituted in the Supreme Court, shall come into force on a date specified in the Rules.

Dated and signed by the Judges on this 30th day of March 2010.

2 Application

The provisions of this Order apply to costs payable or to be taxed under any order of the Court, or under these Rules, and costs to be taxed in the Court under any Act.

3 Party represented by officer of the State or in-house lawyer

If a party is represented by a lawyer (as counsel) who is employed or engaged by the State or is represented by an in-house lawyer employed or engaged by a party, a fee commensurate with that which would be allowable if the lawyer had been a private lawyer may be allowed to the State or that party despite the fact that the party is unable to vouch payment of the fee either by the signature of the lawyer or otherwise.

4 Time for dealing with costs

(1) The Court or a Judge may in any proceeding exercise its power and discretion as to costs at any stage of the proceeding or after the conclusion of the proceeding.

(2) Where the Court or a Judge makes an order in any proceeding for the payment of costs the Court or a Judge may require that the costs be paid forthwith notwithstanding that the proceeding is not concluded.

(3) An order for costs of an interlocutory proceeding shall not, unless the Court or a Judge otherwise orders, entitle a party to have a bill of costs taxed until the principal proceeding in which the interlocutory order was made is concluded or further order.

5 Taxed costs and other provisions

(1) Subject to this Order, where by or under these Rules or any order of the Court, or a Judge, costs are to be paid to any person, that person shall be entitled to his taxed costs.

(2) Where the Court or a Judge orders that costs be paid to any person, the Court or a Judge may further order that as to the whole or any part of the costs specified in the order, instead of taxed costs, that person shall be entitled to:

(3) The Court or a judge may make an order under sub rule (2) at any time, whether or not an order that costs be paid to a person has previously been made or entered.

6 Costs in other courts

Where in a proceeding transferred to or removed into the Court or in a proceeding on an appeal to the Court, the Court or a Judge makes an order as to the costs of a proceeding before any other court, the Court or a Judge may:

7 Order for payment

Subject to this Order or to the effect of any written agreement between the parties, a party to a proceeding in the Court shall not be entitled to recover any costs of and incidental to the proceeding from any other party to the proceeding except under an order of the Court or a Judge.

8 Order for taxation — when not required

Where:

the costs may be taxed without any order directing taxation.

9 Entry of Order for Costs

(1) Where costs are not paid within 14 days after service of a sealed copy of a certificate of taxation of the costs, whether under this Rule or an Order of the Court or a Judge, a party to whom the costs are payable may apply to the Court or a Judge, whichever is appropriate, for the payment of taxed costs.

(2) Application for judgment shall be moved by motion and supported by affidavit and shall be filed and served 3 clear days before the hearing date.

10 Registrar to tax costs

Unless the Court or a Judge in a particular case otherwise orders, bills of costs and fees which:

shall be taxed, allowed and certified by a taxing officer.

11 Liability of Lawyer.

(1) Without limiting the Court's discretion to award costs in a proceeding, if costs are incurred improperly or without reasonable cause, or are wasted by undue delay or by any other misconduct or default, and it appears to the Court or a Judge that a lawyer is responsible (whether personally or through a servant or agent), the Court or a Judge may, after giving the lawyer a reasonable opportunity to be heard, do any of the following:

(2) Without limiting subrule (1), a lawyer is taken to be responsible for a default under that subrule if a proceeding cannot conveniently proceed, or can proceed only with the incurring of extra costs or with inconvenience to the Court or a Judge or another party to the proceeding, because of the failure of the lawyer:

(3) Before making an order under subrule (1), the Court or a Judge may refer the matter to the Registrar for inquiry and report.

(4) The Court or a Judge may order that notice of any proceeding or order against a lawyer be given, as specified in the order, to:

(5) For the purpose of giving effect to a costs order, the Court or a Judge may give ancillary directions, including a direction to a lawyer to provide to the Court or a party to the proceeding, a bill of costs in taxable form.

12 Scale of costs

(1) Except as otherwise ordered in proceedings commenced on and after the date these Rules came into operation, Lawyers are, subject to these Rules, entitled to charge and be allowed the fees set forth in Schedule 1, and higher fees shall not be allowed.

(2) A person who is not a party to proceedings and who is called as a witness or attends at Court in compliance with a summons issued pursuant to Section 8 of the Supreme Court Act or any other power of the Court, is entitled to recover from the party calling that person or requesting the issue of the summons, the reasonable expenses incurred in giving evidence or attending Court.

(3) The Court or a Judge may order that the party who called the person referred to in subrule (2) as a witness or requested the issue of the summons under which the person attended before the Court or a Judge, to pay the reasonable expenses of that person.

13 Taxing officers to assist each other

The taxing officers shall assist each other in the discharge of their duties and so, for the proper despatch of the business of the respective officers, a taxing officer may tax or assist in the taxation of a bill of costs which has been referred to another taxing officer for taxation and to ascertain what is due in respect of the costs, and in that case, shall certify accordingly.

14 Costs of interlocutory proceedings

Unless the Court or a Judge otherwise orders, the final Order for costs shall include all interlocutory costs Orders.

15 Costs reserved

Where the costs of an application or other proceeding are reserved by the Court or a Judge, the costs so reserved shall follow the event unless the Court or a Judge otherwise orders.

16 Notice of adjournment of taxation

If the taxation of a bill is adjourned for any reason, the party with the carriage of the taxation shall send notice of the adjournment by post or personal service or to any Lawyer or person not present at the time of the adjournment on whom the original bill of costs was or ought to have been served.

17 Time limit for taxation

A bill shall not be taxed unless the party entitled to costs files a bill within 12 months of the date of the final order for costs.

18 Delay before taxing officer

Where in a proceeding before the taxing officer, a party is found to be guilty of neglect or delay or puts another party to any unnecessary or improper expense, the taxing officer may;

19 Cost to be allowed on taxation

On every taxation, the taxing officer shall allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice or for maintaining or defending the rights of a party, but, except as against the party who incurred them, costs shall not be allowed which appear to the taxing officer to have been incurred or increased:

unless, on taxation of a lawyer and own client bill, those additional or unusual costs have been approved in writing by the client's.

20 Disbursements in Lawyers' bills

(1) Subject to subrule (2), a disbursement must not be allowed if the disbursement has not been paid before the bill of costs is delivered.

(2) If a bill expressly states that a disbursement was not paid before the bill was delivered, and the bill sets out the unpaid items of disbursement under a separate heading in the bill, the disbursement may be allowed by the taxing officer if:

21 Taxing officer's discretion

(1) In the case of a fee or allowance which is discretionary, it shall, unless otherwise provided, be allowed at the discretion of the taxing officer.

(2) In the exercise of his discretion, the taxing officer shall take into consideration:

22 Discontinuance

(1) Where a party to any proceeding discontinues the proceeding without leave as to the whole or any part of the relief claimed by him against any other party, the discontinuing party shall, unless the Court or a Judge otherwise orders, pay the costs of the party against whom the discontinued proceeding is made, occasioned by the discontinued proceedings and incurred before service of notice of the discontinuance.

(2) Rule 8 applies to the taxation and recovery of such costs referred to herein.

23 Continuance of interlocutory injunction

Where the Court or a Judge grants an interlocutory injunction or stay and afterwards grants a further interlocutory injunction or stay continuing the first injunction with or without modification, an order as to costs of the further injunction or stay shall, unless the Court or a Judge otherwise orders, include the costs of the first injunction or stay.

24 Cost of application or step within proceedings

Subject to this Order, the costs of any application or other step in any proceedings shall, unless the Court or a Judge otherwise orders, be deemed to be part of the costs of the party in whose favour the application or other step is determined and shall be paid and otherwise dealt with in accordance with the provisions of this Order.

25 Costs of application or step within proceedings where stood over to hearing

When an application, objection to competency or other proceeding is ordered to stand over to the substantive hearing, and no order is made at the hearing as to the costs of the application, objection to competency or proceeding, the costs of all parties to the application, objection to competency or proceeding shall be deemed to be part of their costs of the proceeding.

26 Party and party basis

On a taxation on a party and party basis:

27 Absence of Counsel

(1) Where Counsel is briefed to appear on a hearing and costs are taxed on a party and party basis, counsel's fee on the brief shall not be allowed unless:

(2) In subrule (1) relevant period means the period of the hearing or if the hearing lasts more than 4½ hours, the first 4½ hours.

28 4½ hour periods

(1) In reckoning the 4½ hour period mentioned in rule 27 the mid-day adjournment shall not be included unless the Court or a Judge otherwise orders.

(2) Where the commencement or resumption of a hearing is delayed beyond the listed time the taxing officer may include waiting time in reckoning the 4½ hour period mentioned in rule 27.

29 Fees to Lawyer and Counsel

(1) When a lawyer also acts as Counsel, the Taxing Officer may allow such sum as Counsel's fee as the taxing officer in his discretion thinks just and reasonable.

(2) Where the fees, costs and expenses of an Overseas Counsel are certified by the Court or a Judge, they shall be allowed in accordance with Schedule 1 of these Rules.

30 Disallowance of costs of improper, vexatious or unnecessary matter in documents or proceedings & reduction of costs

(1) On a hearing, the Court or a Judge may, upon application and whether or not objection is taken:

(2) Where the question of costs having been improperly, unreasonably or negligently incurred has not been raised before and dealt with by the Court or a Judge, it is the duty of the taxing officer to look into that question, and thereupon, the same consequences shall ensue as if he had been specially directed under paragraph (1) (b) of this rule to examine the costs incurred, and to disallow such costs as he finds to have been improperly, unreasonably or negligently incurred.

(3) Where a party is awarded judgment for less than the maximum civil jurisdiction of the District Court on proceeding for a money sum or damages, any costs ordered to be paid, including disbursements, will be reduced by one-third of the amount otherwise allowable under this Order unless the Court or a Judge otherwise orders.

31 Unnecessary appearance in Court

Where a party appears upon a proceeding before the Court or a Judge or before the Registrar, in which he is not interested or upon which, according to the practices of the Court, he ought not to appear, he shall not be allowed any costs of appearance unless the Court, Judge or Registrar respectively, so directs.

32 Powers of taxing officer

(1) The taxing officer may, for the purpose of taxation of costs:

(2) A taxing officer may, of his own motion, refer any question arising in a taxation for the direction of a Judge or the Court.

33 Bill of costs

(1) A bill shall be in the form prescribed in Schedule 2 and shall contain particulars of:

(2) There shall be endorsed on the bill, a certificate signed by a Lawyer verifying the additions in it, and there shall be attached to it or otherwise filed with it in a convenient manner, originals or legible copies of receipts for significant disbursements, or if a disbursement has not been paid, copies of all relevant accounts.

34 Appointment to tax bill of costs

(1) If a bill is filed, the taxing officer must appoint a time to tax the bill and endorse the bill with the date and time of the appointment in the form attached as Schedule 2.

(2) The party who filed the bill must serve a copy of the bill on each other party to the taxation at least 21 days before the date appointed for taxation.

35 Objection to bill of costs

(1) A party on whom a bill is served, may, by notice, object to any item in the bill.

(2) The notice shall list each item or part thereof in the bill which is objected to and shall also state concisely and specifically the nature and grounds of objection to each item or part objected to and the amount which it is contended should be taxed off.

(3) The notice shall be filed and served on the party in whose favour the bill is to be taxed and on any other interested party not less than 7 days before the day appointed for taxing the bill.

(4) A party on whom a notice is served under subrule (5) must prepare a written statement of response to each item or part of an item of the bill objected to, stating concisely and specifically, the basis on which it is claimed the item or part is allowable and the reason the objection cannot be sustained, including references to any authorities relied on.

(5) The statement of response shall be filed and served on the party on whom the bill was served not less than 3 days before the day appointed for taxing the bill.

(6) Oral submissions may be made at the taxation conference:

(7) Subject to the discretion of the taxing officer to be exercised in exceptional circumstances, on taxation of the bill:

(9) If, on the taxation of any costs, one-sixth or more of the amount of the bill for those costs is taxed off, the lawyer whose bill it is, shall not be allowed the fees to which, apart from this Rule, he would be entitled, for preparing the bill and for attending on the taxation.

36 Certificate of taxation

(1) Within 7 days of completion of taxation, the taxing officer shall issue a sealed certificate of taxation, with sufficient number of office copies as are needed for the parties responsible for the payment of costs.

(2) The certificate of taxation must be served by the party entitled to costs, on the party responsible for its payment.

(3) If, after 14 days from the date of service of the certificate of taxation, the costs remain unpaid, the Court or a Judge may, on motion by a party, supported by an affidavit, direct the entry of judgment for costs in the amount stated in the Certificate of taxation.

37 Review of Taxation

(1) A Court or a Judge may review the decision of a Taxing Officer, only if the taxing officer has given a certificate in accordance with that decision.

(2) A party aggrieved by the taxed costs may, within 14 days from the date of issue of the Certificate of Taxation, apply to the Court or a Judge, for leave to review the taxing officer's decision, such application to be supported by affidavit and shall be served on the other party, 3 clear days before the date of moving the application.

(3) The application shall be made by Notice of Motion and supported by affidavit which shall, amongst other things, specify the list of items to which the applicant objects and must state concisely the nature and grounds of each objection.

38 Extension of time

(1) Before the expiration of the 14 days referred to in rules 36(3) or 37(2) hereof, a party shall apply for an extension of time to pay taxed costs, such application to be supported by affidavit and served on the other party, 3 clear days before the date of moving the application.

(2) Where a party applies for an extension of time he shall, unless the Court or a Judge otherwise orders, pay the costs of and occasioned by the application or any order made on or in consequence of the application.

39. Interest on Costs

Every award of costs shall carry interest at up to 8% per annum from 14 days after the date of service of the Certificate of Taxation on the party liable to pay, irrespective of whether application for extension of time or review is made and which service must be established by an affidavit of service.

ITEM	MATTER FOR WHICH CHARGE MAY BE MADE	CHARGE K

1.	Preparing a Notice or Entry of Appearance	75.00

2.	Preparing an Application or Notice of Motion	250.00

3.	Preparing an Affidavit, having regard to the complexity of the matter and the circumstances of the case.	250.00-850.00

	4. Preparing Appeal Books, including collating all necessary material, attendances on the printer and general oversight of their preparation
	- lawyer	150.00 per hour
	- clerk	25.00 per hour

5.	Preparing any other document including an Application for Leave to Appeal, Notice of Appeal and Reference, having regard to all the circumstances of the case.	350.00-1,000.00

6.	Perusal of documents, having regard to the complexity of the document and the seniority of the lawyer or Counsel	150.00-450.00 per hour

7.	Preparing short letters	50.00

8.	Preparing ordinary letters	75.00

9.	Perusing short letters	25.00

10.	Perusing ordinary letters	50.00

11.	Printing or photocopying	4.00 per page

12.	Attendance by telephone

	- Up to 10 minutes	50.00

	- Over 10 minutes	75.00

13.	Any attendance that is capable of being made by a clerk, such as at the Court Registry	50.00

14.	Any attendance that requires the attendance of a lawyer, including attendance for inspection of documents, and having regard to the complexity of the matter and the seniority of the lawyer	150.00-450.00 per hour.

15.	Appearance in Court, depending on the complexity of the matter and the seniority, of the lawyer, and excluding waiting time	150.00-450.00 per hour but not to exceed3,000.00 per day

16.	Attendance at Court for waiting time	150.00 per hour but not to exceed 850.00 per day.

17.	Appearance at Court to receive Judgment	150.00-450.00

18.	Where a lawyer is required to travel from the town where he practices to appear in Court, he shall be allowed return airfares to attend the Court, together with reasonable hotel expenses and a reasonable allowance for transport within the town of trial.

19.	A lawyer may incur an amount for Counsel's fees where it is proper to do so, and where the fee appears to be fair and reasonable having regard to the circumstances of the case and the seniority of Counsel. The fees incurred may be claimed as a disbursement. The fees for Overseas Counsel are only recoverable in accordance with Rule 29(2).

20.	If the case or circumstances warrant it, an allowance may be claimed under this item in addition to any other item that appears in this schedule, for general care and conduct, having regard to:	150.00-450.00 per hour

	(a) the complexity of the matter and the difficulty or novelty of questions raised;

	(b) the importance of the matter to the party and the amount involved;

	(c) the skill, labour, specialized knowledge and the responsibility involved in the matter on the part of the lawyer;

	(d) the number and importance of the documents prepared or perused, but without regard to length;

	(e) the time taken by the lawyer;

	(f) research and consideration of questions of law and fact

21.	Allowance for professional witnesses called because of their professional, scientific or other special skill or knowledge	Not more than 350.00 per hour and not to exceed 1,500.00 per day

22.	Other witnesses	The amount of salary or wages actually lost but not more than 50.00 per hour and not to exceed 400.00 per day.

23.	All Court fees	To the extent to which they have been properly incurred and paid.

24	Preparing bill of costs and attendance on taxation of costs	150.00—350.00 per hour

	- Lawyer, depending on the complexity of the matter and the seniority of the lawyer;	25.00 per hour.

	- Clerk

BY THE (@ - insert title of party liable to pay
costs) ON A (@ - insert party/party, . . .

solicitor/client, . . . indemnity.etc . . . ) BASIS PURSUANT TO (@ - insert applicable Rule or Court Order)

I appoint . . . am/pm on the . . . day of 20 . . . at the Registrar's Chambers in the Supreme Court House (@ - insert place) to be the time for hearing of the within taxation of the . . . Bill of Costs

THE . . . BILL OF COSTS TO BE TAXED AND PAID BY THE . . . ON A . . . BASIS PURSUANT TO. . .

No. of Date	Item			Taxed off
Item	PREPARATION OF DOCUMENTS	Disbursements Charges	Disbursements Charges

1.	(@ - insert description of document)

2.

3.

4.
	PERUSAL OF DOCUMENTS

5.	(@ - insert description of documents)

	PREPARATION OF HEARING

6.	(@ - insert particulars of research etc.)
	COURT APPEARANCES

7.	(@ - insert particulars of appearances)
	PREPARATION OF CORRESPONDENCE

8.	(@ - insert number of short letters)

9.	(@ - insert number of ordinary letters)
	PERUSAL OF CORRESPONDENCE

10.	(@ - insert number of short letters)

11.	(@ - insert number of ordinary letters)
	ATTENDANCES

12.	By telephone—
	Up to 10 minutes—(@ - insert number
	and particulars)
	Over 10 minutes—(@ - insert number
	and particulars).

13.	- In person—
	- Attendances capable of being
	made by a Clerk—(@ - insert
	particulars)
	- Attendances requiring lawyer—
	(@ - insert particulars).
	OUT OF TOWN LAWYERS—
	EXPENSES

14.	(@ - insert particular of airfares,
	accommodation and transport).
	OVERSEAS COUNSEL
	@ - insert particular of Certification
	by Judge or Court).
	ADDITIONAL ALLOWANCE

16.	(@ - insert particulars of special
	case or circumstances).
	WITNESSES

17.	Professional witnesses—(@ - insert particulars).
	Other witnesses—(@ - insert particulars).
	COURT FEES

18.	(@ - insert particulars).
	TAXATION OF COSTS

19.	Preparing Bill of Costs and
	attendance on Taxation of Costs.
	- Lawyer (@ - insert
	particulars)
	- Clerk - (@ - insert
	particulars)
	TOTAL:
	CERTIFICATE

20.	I have checked the within Bill of
	Costs and verify that it is correct.
	Attached hereto or filed with it are
	legible copies of receipts for
	significant disbursements.


	Dated this . . . day of . . . 20 . .

Papua New Guinea Court Rules

Supreme Court (Amendment) Rules 2010