PacLII Home | Databases | WorldLII | Search | Feedback

Supreme Court of Vanuatu

You are here:  PacLII >> Databases >> Supreme Court of Vanuatu >> 2000 >> [2000] VUSC 30

Database Search | Name Search | Recent Decisions | Noteup | LawCite | Help

Hudson & Sugden v Holding Redlich [2000] VUSC 30; Civil Case 118 of 1999 (28 June 2000)

lass="MsoNormal" aal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

<

Civil Case No.118 of 1999

BE:

HUDSON & SUGDEN

Plaintiff

AND:

HOLDING REDLICH

Defendant

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Coram: Before stice Oliver A. Saksak sitting in Chambers

Mr Robert Sugden for the Plaintiff

Mr John Malcolm for the Defendant

JUDGEMENT ON TAXATION OF COSTS

lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Introductspan>

<

The Plaintiff applied for taxation of costs on a Solicitor-Own client basis.

The Bill long one consisting of some 257 items claimed for work done by the Plaintiff over a er a period of 5 years from 8th September 1994 to 21st December 1999. The Plaintiff was appointed by the Defendant to act on behalf of the Defendant as agent in relation to Civil Case No.156 of 1994, Margot Hillel -v- Iririki Island Resort Ltd. The Plaintiff has prepared his Bill on the basis of vt20,000 per hour as the going rate in Port Vila and Vanuatu. The defendant filed Objections on 28th February 2000 objecting to time and costs claimed in every item in the Plaintiff's Bill.

The hearing of the taxation application took place in Chambers on the following dates:

(a) &nsp; & p;&nbp; &nsp; &&nbp;;&nbpp; &nnsp; 23an>23rd March 2000 in the morning;

(b) &nnsp;&&nsp;;&nspp;&nssp;&nsp; an>2pth Mar> March 2000 in the afternoon;

0pt">(c) &nbssp; &nbssp; &nbp; ; 27tsup>up March 2000 in the morning;

1"> (d) ;&nspp;&nssp;  p; &nbp; p; 31 March 2000 in the afternoon;

(e) &nnbsp; &nnbsp; &nbp; &nbp; >th Apri April 2000 in the afternoon;< "> (f) &nbbsp; &nbbsp; &nbp; &nbp; s th Apri April 2000 in the afternoon;

(g)(g) &nbbsp; &nbbsp; &nbp; &nbp; 1>th Apr> April 2000 in the afternoon;< "> (h) &nbbsp; &nbbsp; &nbp; &nbp; 1>th Apr> April 2000 whole day;

(i) &nnsp;&&nsp;;&nspp;&nssp;&nsp; &nbsp 12th April 2000 whole day;

: 1"> (j)  p;&nssp;  p; &nbp; &nbp;
13uh Apr> April 2000 in the afternoon, and

span "EN-GB" style="font"font-size-size: 12.: 12.0pt">0pt">(k) ;&nbssp; &nsp; &nbs; &nbbp;&n p; 14th April 2000 in the afternoon. classNormayle="margin-top: 1; margin-bottom: 1">

The Plaintiff addressed the Court inect of every claim item by item with submissions and replieeplies, objections and submissions were received on behalf of the Defendant to every claim.

Assessment

<

The assessment that follows have been made after considering whatve understood from the obje objections of the Defendant to be the issues which are as follows:-

(1) &nsp; &&nbp;;&nbpp; &nnsp; &nbp; s n>The Rate<

p class="Mss="MsoNormal" style="margin-left: 36.0pt; margin-top: 1; margin-bottom: 1"> The Court takes judicial notice of the going rate in Port Vila and in Vanuatu is vt20,000. See Civil Case No.16 of 1996 VCMB -v- Edwin Lessegman.

This rate is claimable both for professional and non-professional time. All claims or part thereof that have been disallowed have been found to be unreasonably incurred.

class="MsoNoMsoNormal" style="margin-left: 36.0pt; margin-top: 1; margin-bottom: 1"> (2) &nnbsp; The Contract-

p ="Msol" stma stmargin-left: 36.0 36.0pt; mpt; marginargin-top: 1; margin-bottom: 1"> The Defendant wrote to Plaintiff on 30th August 1994 advising the the Plaintiff that they have been instructed to request that the Plaintiff act as the Defendant's agent. The Plaintiff replied by letter dated 9th September 1994 advising the Defendant that he had no conflict of interest and that he was willing to act. This letter was written on the letterhead of Hudson & Co as Barristers, Solicitors & Notaries Associated with Blake Dawson Waldron. On 17th October 1994 the Defendant wrote to the Plaintiff advising that the Plaintiff had been appointed to act as the Defendant's agent in respect of Civil Case No.156 of 1994. As to what the Defendant meant by that I do not know, but in the ordinary sense of the word one of the meaning of the word 'agent' is that he is a representative. Was the Plaintiff therefore the Defendant's mere representative in Vanuatu for the purposes of Civil Case No.156 of 1994? Leaving this issue to one side first I have to answer the issue of whether or not by the Plaintiff's appointment as agent a contract for services was entered into. The Defendants say that no contract arose. I do not agree. Paragraph 2 of the Defendant's letter states:

"Please take ALL ACTION requto protect our mutual clienclient's interest in this matter ……" (emphasis added)

span><

By this it is clear to me that a contract had arisen making the Plaintiff more than just a mere agent. Further, to instruct the Plaintiff to take all action required to protect their client's interests in the matter implies that the Plaintiff was being instructed to do all that was reasonable for the sake of protecting their client's interest. The further implication is that whatever costs the Plaintiff incurred in the process, as long as they were reasonable and were reasonably incurred, he would be re-imbursed.

(3) &nbssp;&nnsp;&&nsp; &nsp; &nbbp;&nnbsp; 0pt">?

The Defendant does not accept taintiff's costs as he was engaging a firm of Solicitors whos who were associated with an Australian Legal Firm that the scale of costs applicable in Australia would be the relevant scale of costs used here.

class="MsoNoMsoNormal" style="margin-left: 36.0pt; margin-top: 1; margin-bottom: 1"> Firstly Civil Case No.156 of 1994 was a proceedings issued and heard in the Courts urts of Vanuatu. Therefore the rate of costs applicable in Vanuatu which is vt20,000 per hour is the appropriate rate to be applied. Secondly the Plaintiff wrote a letter to the Defendant on 1st of December 1994 this time not on the previous letterhead but on their own letterhead of just Hudson & Co as Barristers, Solicitor's and Notaries. Mr Sugden advised in paragraph one that he had recently joined Hudson & Co as a partner and that he would have conduct of their file. From the date of receipt of that letter it should have been apparent to the Defendant that Hudson & Co were no longer working in Association with Blake Dawson Waldron and should have either withdrawn or revoke their appointment of the Plaintiff as agent, or take the initiative to ask the Plaintiff to give an indication of what costs or rate he would be charging at the end of the day. The Defendant did not do that. Their silence on the issue must be taken as implying that they agreed to the Vanuatu hourly rate of vt20,000 per hour for work reasonable done.

pan style="font:7.0pt "Times New Roman""> &nsp; & p;&nbp; &nsp; &&nbp;;&nbpp; &nnsp; Incoming Faxes

lass=ormalle="margimargin-topn-top: 1; : 1; margimargin-botn-bottom: 1"> These were objected to by the Defendant but as they have been awarded as diss disbursements in previous cases such as Hudson & Co -v- GPC CC No.7 of 1997, I see no reason why these cannot be allowed.

(5)  p; &nnsp;&&nsp; &nbp; &nbbp;&nnbp;& A s Slip and case0pt">–

p>

The Defendant claims that this is ale slip and fall case and the time expended by Mr Sugden inen including the many hours of research and preparation as expressed in the statement of claim is excessive and unfair. This in my view contradicts the instructions of the Defendant in their letter to the Plaintiff on 17th October 1994. I have found that on several occasions the Plaintiff had to send follow-up correspondences to press the Defendant to provide answers to issues directly relevant to some aspects of the case. Such actions could have been avoided if the Defendant had responded each time and specifically as to what was required. Repetitive actions should be taken as reasonable in view of the Plaintiff's instructions that he had to do all thing's required to protect the best interests of the client being Mrs Hillel. He could not have acted or done anything short of that as to do so would have amounted to professional negligence or in-competence. As the trial judge, whilst I agree that this was a simple slip and fall case, there were however complex legal issues that needed much time, research and preparation. Any careful and expeditious lawyers would take much time, research and preparation on the case such as this. But again only what was reasonable and reasonably incurred by the Plaintiff have been allowed.

Now as regards the Bill of Costs -

(1) &bsp; &nbbp;&nnbsp; &nbbsp; Disbursements

1">

Item

Description of Item

VT Allowed

VT Disallowed

2

IDD fax charge

430

6

IDD fax charge

430

7

Incoming fax

200

<

8

IDD fax

639

10

Travel

200

11

Incoming fax

300

12

Travel

200

13

Photocopies

Secretary attendance

550

1,667

Travel

200

14

IDD Fax

645

15

IDD Fax

213

16

Fee on Writ

6,000

20

IDD fax & local fax

Nil

415

21

Incoming fax

100

24

IDD fax & local fax

400

26

IDD fax

213

<

27

Incoming & IDD fax

915

IDD phone call

860

28

Incoming fax

300

29

Secretary attendance

1,667

IDD fax

1,290

31

Incoming fax

200

34

IDD fax

213

36

Fax charge

200

38

Fax charge

400

42

Fax charges

100

43

IDD fax

213

44

IDD fax

645

45

Incoming fax

100

46

Faxes

400

48

IDD fax

430

49

Incoming fax

100

50

IDD fax

213

51

Faxes

200

52

IDD fax

430

53

Incoming fax

200

54

IDD fax

430

55

Fax

100

58A

Fax

430

60

Fax

600

63

IDD fax

645

64

IDD fax

213

65

IDD fax

213

66

Incoming fax

300

68

IDD fax

213

69

IDD fax

213

72

IDD fax

2,365

75

IDD fax

213

76

IDD fax

2,580

77

Fax

213

78

Fax

100

79

Fax

100

80

IDD fax

213

81

IDD fax

313

82

Fax in

200

84

Fax in

100

88

Fax in

100

<

93

Fax in

200

IDD fax

4,260

95

IDD fax

430

96

Travel

400

97

IDD fax

2,130

98

IDD fax

Nil

213

99

Fax in

200

100

IDD fax

213

101

IDD fax

213

102

IDD fax

213

105

IDD fax

213

<

106

Fax in

600

107

Travel

300

108

IDD fax

1,075

109

Fax in

400

110

For service

Nil

1,667

112

Fax

200

114

IDD fax

213

116

Fax in

300

118

IDD fax

213

119

Fax

100

120

IDD fax

213

121

Fax in

200

122

IDD fax

430

<

123

Fax in

700

IDD fax

213

124

Travel

300

126

IDD fax

430

Travel

300

127

IDD fax

1,075

128

Fax

100

129

Fax

100

131

IDD fax

1,290

2 Photocopies

100

133

IDD fax

213

134

IDD fax

213

136

Fax in

100

137

Fax in

100

138

IDD fax

645

Fax charges

300

139

IDD fax

645

140

Fax

845

Fax in

100

142

IDD fax

213

143

Fax in

100

145

IDD fax

430

Fax in

600

<

147

Fax in

200

150

IDD fax

430

152

2 Photocopies

100

153

Fax

200

IDD fax

213

154

Fax in

600

Travel

300

38

155

IDD fax

1,491

<

Fax in

500

156

IDD fax

400

Fax in

100

IDD fax

860

157

Fax in

100

158

Fax in

100

159

Fax in

500

161

Travel

100

69

163

Fax out

400

IDD fax

1,270

165

IDD fax

1,745

166

Fax in

200

Travel charge

250

28

167

IDD fax

214

Fax in

1,500

168

Fax in

2,300

IDD fax

430

Photocopies

100

169

Travel

400

IDD fax

1,135

Fax charges

1,400

171

Fax in

100

IDD fax

1,290

172

IDD fax

1,505

174

IDD fax

3,223

Fax in

600

IDD fax

430

175

Fax in

100

IDD fax

6,232

Fax out

600

176

Fax in

300

Travel

300

38

IDD fax

20,855

177

Travel

430

IDD call

400

Photos

200

Fax in

215

IDD fax

4,333

178

Travel

800

179

IDD call

1,290

Travel

950

180

Travel

600

76

IDD call

3,225

181

Travel

300

38

185

IDD call

535

186

Fax in

200

187

IDD fax

2,580

188

IDD fax

530

189

Fax charges

500

IDD fax

860

190

IDD fax

213

192

Photocopies

350

193

IDD fax

645

194

Fax charge

8,000

Disallow vt4,470. Could have been cheaper by Courier Mail as an alternative means.

Photocopying

8,700

197

Photocopying

11,500

198

Secretary attendance

1,667

199

IDD call

1,075

200

IDD fax

213

Fax in

100

201

IDD call

1,075

Travel

300

38

IDD fax

1,935

202

Fax in

100

203

Fax out

400

204

Fax in

100

205

Fax out

400

208A

IDD fax

1,290

209

IDD fax

213

209A

IDD fax

100

209B

IDD fax

213

211

IDD fax

213

211A

IDD fax

430

211B

Fax in

1,800

217

IDD fax

1,505

221

IDD fax

1,290

227

IDD fax

430

228

IDD call

1,720

IDD fax

430

Fax in

1,900

229

Travel

300

IDD fax

430

230

IDD fax

2,795

IDD call

3,440

<

Fax in

200

231

Fax in

200

IDD fax

430

236

IDD fax

200

237

IDD fax

200

238

IDD fax

8,000

Disallow vt3,180 - Could have been cheaper by courier as an alternative means.

239

Fax in

800

IDD fax

100

241

IDD fax

430

242

IDD fax

430

244

IDD fax

430

<

245

IDD fax

213

246

Fax in

300

247

IDD fax

645

248

IDD fax

1,075

249

Fax in

200

250

IDD fax

460

257

Travel for taxation

3,400

(From 23rd March to 14 March 2000 at 100vt per travel to and from Court).

<

227(a)

(b)

(c)

(d)

(e)

(f)

(g)

(i)

(ii)

&nbsii)

(ivan>

(pan><

(vi)

& (vii)

4% VAT on vt1,634,003 up to 1/8/98

2% VAT on vt2,984,167

Photocopying of whole file to 19/11/99.

Stationary for whole File to 19/11/99

Travel to 19/11/99

<

Charges for films and photographs

Filing fees on:

Company search

Affidavit of Documents

Answers to interrogatories

Chambers fees and summons for Directions

Particulars of claim

Plaintiff's final submissions

Temporary practising certificate.

65,360

59,683

71,550

16,205

Nil

2,720

1,500

2,000

2,000

10,000

2,000

2,000

25,000

6,433 are disallowed entirely as there was no evidence of further travelling after Item 229 on 27/7/99.

TOTALS:

461,486

16,471

<

Out of the total amount of vt475,505 claimed for disbursements, it is hereby certified that the sums of vt461,486 are allowed and vt16,471 are disallowed.

(2) &nnsp;&&nsp;;&nspp;&nssp;&nsp; Professional Costs

1,000

3,000n>

Attending call-over and perusals could take shorter.

Multiple claims already allowed for elsewhere.

Attendance on Hurley was unnecessary.

4,667

<

<

Persual and considerations of letters could take shorter time.

Item

Amount in VT claimed

Amount in VT Allowed

Amount in VT Disallowed

Reasons for Disallowance

1.

13,333

10,000

3,333

Perusal of letter could have taken a shorter time

3.

1,667

1,667

4.

27,333

20,000

7,33an>

Perusal and consideration of document could have taken a shorter time.

5.

24,000

24,000

8.

5,333

5,333

9.

20,667

16,667

4,000

Writ is a standard document. Could take a shorter time.

11.

1,667

1,667

13.

25,000

20,000

5,000

Giving of instructions and consideration and default judgement could take shorter time.

14.

15,000

10,000

5,000

Consideration is partly claimed for under Item 13.

15.

2,667

2,667

17.

9,000

Nil

9,000

Mistake of Counsel. Could have been avoided by Counsel enquiring from Defendant as to who their legal representative was.

18.

2,667

Nil

2,667

As above

19.

1,667

Nil

1,667

As above

20.

10,000

Nil

10,000

As above

22.

17,333

17,333

23.

29,000

20,000

9,333

Duplicate claims for drawing statements of claims.

24.

4,667

4,667

25.

1,000

1,000

26.

13,667

10,000

3,667

Duplicate claims for drawing statements of claims.

27.

11,000

5,333

5,667n>

Duplicate claim for client attendance

28.

51,000

20,000

21,000

Duplicate claims for drawing statements of claims.

29.

6,333

Nil

6,333

Already included in Item 28.

30.

2,33an>

2,333

31.

1,333

1,333n>

32.

2,span>

2/span>

33.

5,333

5,333

34.

7,000

7,000

35.

3,667

3,667

37.

1,000

1,000<

39.

1,667

1,667

40.

37,000

30,000

7,000

Consideration of action is already partly claimed for under items 5.

41

1,667

Nil

1,667

Already included in Item 40.

42.

7,333

7/span>

44.

10,000

10,000

46.

4,667

4,667

<

47.

2,000

2,000

48.

6,000

6,000<

49.

5,667

4,667

51.

18,333

13,334

4,999

Perusal and consideration should take less time.

54.

20,000

20,000

55.

667

667

56.

1,000

57.

1,667

1,667

59.

1,000

1,000

61.

4,33an>

4,333

62.

72,667

33,333

39,334

Drawing of Particulars of claim claimed for also under items 64, 67, 69 & 72.

64.

29,667

29,667

65.

7,667

Nil

7,667

Sufficiently claimed for under Item 64 above.

67.

76,667

6,666

10,000

Reasons given for Item 62.

69.

20,667

20,667

70.

44,000

44,000

71.

100,667

50,000

50,667

Duplicate claims for consideration of damages under Item 70.

72.

11,667

8,33an>

3,333

Duplicate claims for finalising particular already allowed under Item 69.

73.

3,333

Nil

3,333

Already sufficiently allowed under Item 70.

74.

1,000

1/span>

75.

2,667

1,667

1,000

Perusal and consideration could take 5 minutes.

76.

3,333

3,333n>

77.

7,000

7,000

78.

2,667

2,667

79.

3,333

3,333

81.

4,333

1,333

1,000

Perusal and consideration for fax could take 10 minutes.

83.

1,667

1,667

85.

4,333

4,333

87.

41,000

41,000

88.

5,667

Nil

5,6pan>

Already claimed sufficiently for under Item 87.

90.

4,000

4,000

92.

25,333

20,000

5,33an>

Duplicate claims allowed elsewhere.

93.

5,667

3,333

2,3pan>

Perusal of faxes could take a shorter time.

94.

19,333

19,333

96.

56,667

46,666

10,001

Costs of going to the library is included in research costs.

97.

2,66an>

Nil

2,667

Already claimed sufficiently for under Item 96.

98.

7,000

Nil

7,000n>

Letter unnecessary.

99.

9,333

6,666

2,667

Perusal and consideration take shorter.

101.

10,333

10,333

102.

24,000

20,000

4,000

Already claimed in part under Item 101.

103.

5,667

5,667

104.

1,667

1,667

105.

6,667

3,333

3,334

Duplicate claims for consideration of file.

106.

2,333

1,667

666

Perusal of a fax could not take 7 minutes.

107.

33,000

33,000

108.

49,000

36,666

12,334

Discovery is sufficiently claimed for under Item 107.

109.

7,667

Nil

7,667

Sufficiently claimed for under Item 108.

110.

4,333

2,333

2,334

Partly claimed for in Item 109.

111.

1,667

1,667

112.

3,667

3,667

113.

20,667

20,000

667

Perusal of letter should take shorter time.

115.

6,333n>

6,333

117.

27,333

21,667

5,666

Duplicate claims under Item 118.

118.

2,000

Nil

2,000

Sufficiently claimed for under Item 112.

119.

1,000

1,000

120.

17,000

6,666

10,334

Partly claimed under Item 108.

122.

11,333

11,333

123.

5,667

5,667

124.

16,333

6,66an>

9,666

Attendance at Court that day not necessary as Counsel would have been advised by Registrar that Judge was sick.

125.

15,333

15,333

126.

54,667

40,000

14,667

Duplicate claims for consideration already claimed for elsewhere.

127.

18,333

10,000

8,333

One letter would have suffice.

128.

1,000

1,span>

<

130.

8,000

6,600

1,334

Allow a shorter time for perusal of letter.

131.

56,000

36,333

19,667

Duplicate claim's for perusal and considerations.

132.

4,000

4,000

134.

6,000

6,000

135.

3,000

3,000

137.

50,000

33,333

16,667

Perusal and considerations for faxes and correspondences could take shorter time.

138.

15,000

13,334

1,666

Allow a shorter time for perusal.

139.

10,000

5,000

5,000

Perusal of letter to client and consideration could take 15 minutes.

140.

1,000

1,000

141.

2,667

2,667

142.

11,000

6/span>

4,span>

Duplicate claims for matters claimed for elsewhere.

143.

1,000

1,000

144.

1,333

1,333

145.

23,000

20,000

3,00an>

Perusal could take a shorter time.

146.

3,000

3,000

147.

1,333

1,333

148.

28,000

20,000

8,000

Duplicate claims for matters already claimed for elsewhere.

149.

34,000

26,000

8,0pan>

Further duplicate claims.

151.

1,6pan>

1,667

152.

10,000

10,000

153.

24,333

20,000

4,333

Perusal and considerations of notice could take shorter time.

154.

46,667

30,000

16,667

Call over conference could not have taken a long time.

155.

1,667

1,667

156.

29,667

23,333

6,334

Duplicate claims for attending client.

160.

8,250

8,250

161.

21,000

13,333

7,667

Duplicate claims for perusal and consideration.

162.

34,000

24,000

10,000

Duplicate claims for attending client.

162A.

5,000

5,000

163.

36,000

30,000

6,span>

Duplicate claims.

164.

22,667

22,667

165.

14,250

14,250

166.

46,333

33,333

13,000

Duplicate claims.

167.

62,333

46,667

15,666

Duplicate claims elsewhere allowed.

168.

67,667

53,333

14,334

Duplicate claims elsewhere allowed.

169.

51,000

20,000

31,000

Duplicate claims elsewhere allowed.

170.

3,333

3/span>

171.

23,000

2,000

Duplicate claims for letters to client.

172.

48,000

30,000

18,000

Sufficiently claimed and allowed under Item 173.

173.

48,000

48,000

174.

57,667

43,333

14,334

Partly allowed for under Item 173.

175.

47,667

26,666

20,001

Duplicate claims elsewhere allowed.

176.

24,667

20,000

4,667

177.

32,000

20,000

12,000

Duplicate claims elsewhere allowed.

178.

87,333

66,666

20,667

Partly claimed and allowed under Item 173.

179.

151,667

100,000

51,667

Multiple claims already allowed elsewhere.

180.

116,000

100,000

16,000

Duplicate claims for attending witnesses.

181.

110,000

66,666

43,334

Senior Counsel already claimed for elsewhere.

183.

10,667

Nil

10,667

Already allowed under Items 181 and 184.

184.

86,333

86,333

185.

25,667

20,000

5,667

Duplicate claims elsewhere allowed.

186.

17,667

13,333

8,999

Duplicate claims elsewhere allowed.

187.

2,333n>

2,333

188.

7,000

7,000<

189.

9,000

9,000

190.

3,333

3,333<

191.

1,000

1,000

192.

17,667

13,667

4,span>

Perusal and consideration could have taken shorter.

193.

13,333

10,000

3,333

Perusal could have taken shorter.

194.

13,333

10,000

3,333

Perusal could have taken shorter.

196.

22,333

13,333

9,span>

Duplicate claims already allowed for elsewhere.

197.

4,000

4/span>

198.

16,000

10,000

6,000

Partly allowed under Items 196, 197 and 199.

199.

15,667

6,666

9,001

200.

3,333

3,333

201.

27,000

20,000

7,000

202.

1,000

1,000

203.

26,333

20,000

6,333

Consideration of law in relation to execution and doing letters could take shorter time.

204.

1,000

1,000

205.

27,000

20,000

7,000

Perusals and considerations of letters could take shorter time.

206.

17,000

13,333

3,667

Duplicate claims already allowed for elsewhere.

207.

4,333

4,333

208.

15,000

10,000

5,00an>

Duplicate discussions for which claims have been allowed in Item 205.

208A.

5,000

5,000

209.

2,667

2,667

209A

667

667

209B.

6,333n>

6,333

210.

5,span>

3,333<

1,667

Letter was short and could have taken up to 10 minutes.

211.

4,667

211A.

11,333

11,333

211B.

3,333

3,333

212.

52,000

52,000

213.

56,667

33,333

23,333

Multiple claims for drawing of bill.

214.

32,333

20,000

12,333

Partly claimed for is Items 212 and 213.

215.

17,000

17,000

216.

126,000

66,666

59,334

Claims for drawing of bill is already allowed for under Items 212 - 215.

217.

43,667

20,000

23,667

Already claimed for under Items 212 - 215.

218.

3,000

3,000

219.

55,000

Nil

55,000

Bill has been concluded under Item 217.

220.

48,000

33,333

14,667

Preparations claimed for here would have been done at the same time as drawing of the bill which have been accounted for.

221.

74,667

29,999

34,668

Both allowed under Items 205 and 208.

222.

14,333

14,333

223.

2,667

Nil

2,667

Already included in Item 225.

224.

1,667

1,000

667

Would have taken shorter.

225.

5,000

3,333

1,667

Partly claimed and allowed under Item 223.

226.

3,333

3,333

227.

24,667

20,000

4,667

Partly claimed and allowed under Item 208.

228.

10,000

10,000

229.

47,000

39,999

7,001

Duplication of claims for preparation allowed elsewhere.

230.

13,000

13,000

231.

14,333

10,000

4,333

Perusal and consideration of a letter would have taken less time.

232.

10,000

8/span>

1,667

A shorter time allowed for perusals.

233.

3,333

Nil

3,333

Already included in Items 233 and partly in 234.

234.

26,667

20,000

6,667<

Duplicate claims for attendance and sorting out allowed under Item 236.

235.

10,333

10,333

236.

15,000

10,000

5,000

Duplicate claims for sorting out documents under Item 234.

237.

6,334

13,333

238.

32,333

25,667

7,000

Duplicate claims for considering objections already allowed in past under Item 237.

239.

14,333

14,333

240.

5,667

4,667

1,000

Attendances could take short than 19 minutes as claimed.

241.

8,333

8,333

242.

12,667

12,667

243.

12,000

12,000

244.

4,667

4/span>

245.

2,333

2,333

246.

2,000

2,000

247.

32,333

32,333

248.

60,000

60,000

249.

26,000

Nil

26,000

No further need for long letters as these have been allowed for under Item 248.

251.

86,333

86,333

252.

113,000

113,000

253.

140,000

140,000

254.

73,000

73,000

255.

Negotiation

Nil

No specific claim.

256.

Attending Taxation

To be determined.

257.

Travel

Nil

<

Already allowed as disbursement under Item 257.

Totals

VT4,606,500

VT3,477,486

VT1,129,014

<

Summary

Out of the total of the sum of VT4,606,500 claimed as professional costs, it is certified that after due assessments, the sums of VT3,477,486 are allowed and the sums of VT1,129,014 are hereby disallowed.

The overall totals after assessment are as follows:-

(1) &nbssp; &nsp; Professional C sts =&nbsp VT3,46

(2) &nbbsp; &nsp; Disburse&ents; bsp =&nbs= &nbssp; VT 461,48an>

 p; &nnsp;&&nsp; &nbp; &nbbp;&nnbp;& &nbbsp; &nbp; &nbp; &nbssp; &&nsp;;&nsp; &nbp;&nbbsp;& pspnbbnbs& p; &nnbsp; ---------------------

>

TOTAL &nbssp;&nnbsp;&nsp; &nsp; &nbssp; &&nsp;;&nsp; &nbp; &nnbp;&&nbp;; =&nbssp;&nnbsp;&nbsp & p; VT3,9383,938,972

&nnbsp;;&nspp;&nsp; &nsp; &&nbp;; &nnsp;& &nbp; &nbp; &nnbp;&&nbssp;&nnbsp;;&nbsp &nbbsp; &nbbsp;&nbs;&nbs; &nbp;&nbp; &nsp;& &nbssp;&nbp; ===============/p>

ORDER

After due assessment of the Plaintiff's Bill of Costs IT IS ORDERED that the Defendant pays the Plaintiff the total sums of VT3,938,972.

PUBLISHED at Luganville this 28th day of June, 2000.

BY THE COURT

OLIVER A. SAKSAK

Judge


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/vu/cases/VUSC/2000/30.html