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Practice Direction 3 of 2002 (Taxation of Costs)

IN THE SUPREME COURT OF TONGA

Practice Direction 3 of 2002

Taxation o f Costs

Opposition to Bills of Costs.

When costs have been awarded in an action and the paying party has notified the court under O29 r3(4)(i) that he is disputing the costs, the notice must be accompanied by a statement of the basic grounds of objection.

Recently, cases have been submitted for taxation where "Too excessive" is stated to be the objection against every item of the bill although it is clear that many are unobjectionable such as, for example, a sum that is in accordance with the amounts payable under Practice Direction 2/92.

In future, where it appears at taxation that an objection to a particular item is frivolous or otherwise an abuse of the process, the objecting party may be ordered to pay his opponent's costs of the taxation hearing whether or not he is successful on other grounds of objection.

Gordon Ward
CHIEF JUSTICE

NUKU'ALOFA: 12 JUNE 2002.