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Re Hogg v South Pacific Travel and Shipping Ltd [1996] VUSC 12; Civil Case 044 of 1996 (6 August 1996)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

 

CIVIL JURISDICTION

 

Civil Case No. 44 of 1996

 

RE: RICHARD HOGG

also known as Rick HOGG

Judgment Debtor

 

EX PARTE: SOUTH PACIFIC TRAVEL AND SHIPPING LIMITED

Judgment Creditor

 

Judgment Of Taxation for Costs

 

This is a Taxation of costs in Civil Case No. 44 of 1996 in Re Richard Hogg, the Judgment Debtor and Ex parte South Pacific Travel and Shipping Limited, the Judgment Creditor. In his Order dated 20 May 1996, His Lordship, the Chief Justice ordered that the Judgment Creditor's costs of the proceedings be taxed, and paid by the Official Receiver out of the estate of the Judgment Debtor.

 

All parties were notified and served with the respective documents relating to the taxation of the Judgment Creditor's costs. Neither does the Judgment Debtor and/or his counsel appears nor does the Official Receiver.

 

Mr Jon Baxter-Wright, Solicitor for the Judgment Creditor presented before me in chambers his client's bill of costs and submitted that all time is charged' at the rate of 20,000 Vatu per hour for Pre-preparation hearing or what could be termed as "paper Works and Service and filing of documents" and the same rate to be applied to hearing attendances.

 

In previous cases relating to Taxation, I held that 20,000 Vatu per hour is too excessive and I did set the professional time rate at Vatu 10,000 per hour for preparation works including hearing attendances.

 

I will, thus, tax the Judgment Creditors' costs at Vatu 10,000 per hour.

 

I now turn to consider group of items to be considered as submitted by Mr Jon Baxter-Wright (detailed and itemised bills are contained in the judgment Creditors bill of costs).

 

* Total pre-preparation hearing : 8 hours @ VT 10,000 per hour =	VT 80,000
* Hearing 20 May 1996 : Total time involved 1 ½ hours @ 10,000 per hour =	VT 15,000
* Past Hearing work incidental to the hearing : 2 Hours @ VT 10, 000 per hour =	VT 20,000
Total Solicitor Costs 11 1/2 Hours @ VT 10,000 =	VT 115,000
Total Disbursements (including Government Tax at 4%) is	VT 29,500
Total Costs allowed is	VT144,500

 

The Official Receiver shall, thus, pay the Judgment Creditors taxed costs in the total sum of Vatu 144,500 out of the Receivership of the estate of the Judgment Debtor.

 

6 August 1996.

 

BY THE COURT

 

LUNABEK VINCENT J.

JUDGE.