LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 238

LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 238

238 .         Time and place of taxation

        (1)         Upon a bill of costs being lodged under section 233 or  237, a taxing officer may —

            (a)         appoint a day, time and place for the taxation of the bill of costs; or

            (b)         remit the bill of costs to an officer of the court or tribunal in the jurisdiction to which the bill relates for the purposes of that officer taxing the bill of costs.

        (2)         The taxing officer must give at least 7 days’ notice of a day, time and place appointed under subsection (1)(1)(a) to both parties.

        (3)         The taxing officer may —

            (a)         refer the bill of costs to an officer of the court or tribunal in which the costs were incurred for a report as to the bill of costs; and

            (b)         in his or her discretion, have regard to that report when taxing a bill of costs.

        (4)         The referral of a bill of costs under subsection (3)(3)(a) to an officer of a court or tribunal for a report as to the bill of costs does not confer on that officer or that court or tribunal any jurisdiction in relation to that bill of costs.

        (5)         If under subsection (1)(b) a bill of costs is remitted by a taxing officer to an officer of a court or tribunal in the jurisdiction to which the bill relates for taxing by that officer, the officer has, in relation to that bill, the same functions as those exercisable by the taxing officer.