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Supreme Court of Vanuatu |
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; 6
>th Apri April 2000 in the afternoon; <"> (f) &nbbsp; &nbbsp; &nbp; &nbp; s 7th 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)
: 1">&nnsp;&&nsp;;&nspp;&nssp;&nsp;   pan>12th April 2000 whole day; (j)  p;&nssp;  p; &nbp; &nbp; 13uh Apr> April 2000 in the afternoon, and classNormayle="margin-top: 1; margin-bottom: 1">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.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
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
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
3,000n>
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
Attending call-over and perusals could take shorter.
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
Multiple claims already allowed for elsewhere.
200.
3,333
3,333
201.
27,000
20,000
7,000
Attendance on Hurley was unnecessary.
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
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
Persual and considerations of letters could take shorter time.
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 =  VT3,4648an>
(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;  & p; VT3,9383,938,972972
&nnbsp;;&nspp;&nsp; &nsp; &&nbp;; &nnsp;& &nbp; &nbp; &nnbp;&&nbssp;&nnbsp;;  &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
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