Mangisi v Topui [2003] TOSC 28; C 0009 2003 (17 June 2003)

IN THE SUPREME COURT OF TONGA
CIVIL JURISDICTION
NUKU’ALOFA REGISTRY

NO. C.09/2003

BETWEEN:

‘OLIVE MANGISI
Plaintiff

AND:

TEVITA TOPUI
Defendant

BEFORE THE HON CHIEF JUSTICE WARD

Counsel: Ms Tonga for the plaintiff
Mrs Vaihu for the defendant

APPEAL ON COSTS JUDGMENT

Following withdrawal of this action by the plaintiff, a bill of costs was served by the defendant for a total, with disbursements, of $793.75. The plaintiff filed notice of opposition and the bill was taxed by the Chief Registrar.

As a result, it was reduced to a total of $633.75.

The plaintiff appeals against two items; 1 and 3.

Item 1

This item is stated to be:

“31/1/2003 Receiving ex parte application for interim orders consulting client preparing submissions in reply – 3 hours”

On taxation that was reduced to 2.5 hours.

Perusal of the court file shows that no submissions in reply were filed.

I reduce the item to 2 hours.

Item 3

This was for:

“20/2/03 Receipt of writ and statement of client studying same consulting client and MBf Bank etc gathering documentary evidence – 4 hours”

On taxation that was reduced to 3 hours.

I do not accept it is proper practice to add ‘etc’ to any claim for costs. In this case the statement of claim was short and straightforward. I would have expected it to have been served with the application for interim orders but the certificate of service states it was only served on 20 February. However, it had largely been adverted to in the application.

I reduce this item to 2 hours.

The appeal is allowed and the total costs are allowed at $521.25. I make no order for the costs of the appeal.

NUKU’ALOFA: 17 JUNE 2003.
CHIEF JUSTICE