Mautofu v Selesele [2012] WSSC 5 (9 January 2012)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

CP.73/07
Misc.671/10

BETWEEN:

AFAMASAGA FAUMUINA FUIMAONO MANULELEUA MAUTOFU,
of Vaimoso. Reverend
Plaintiff

AND:

AULAVEMAI TOGAMAGA VALASI TAFITO SELESELE,
of Vaimoso. Matai.
Respondent

Counsels: Mr T S Toailoa for plaintiff
Mr R. Faaiuaso for respondent

Ruling: 09 January 2012

COSTS RULING

[1] By judgment dated 28 October 2009, court dismissed the plaintiffs claims and ordered that costs be brought back if the parties could not agree. Respondent applies by application dated 20 August 2010 for courts approval of $23,048 legal account rendered by respondents counsel to his client. I do not know why this application took over 16 months to reach me.

[2] Indemnity costs was not awarded. The normal rules as to determining a reasonable award of costs will be applied. Guidelines set down by the Court of Appeal in Letele v Filia et al (13 May 2011) followed.

[3] Plaintiff to pay respondents costs of $15,373.22 inclusive of disbursements and VAGST.

...............................
JUSTICE NELSON