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At your taxation hearing

Parties will have to attend a taxation hearing conducted by a registrar who will hear the Bill of Costs. If a party does not attend the taxation hearing, the registrar may proceed with the taxation or adjourn the proceedings.

What the registrar considers

The amount of costs to be allowed is subject to the registrar’s discretion. The registrar will consider all relevant circumstances, including the following:

  • Any payment of money into court and the amount of such payment.
  • The conduct of all parties, including conduct before and during the proceedings.
  • The parties’ conduct in relation to any attempt to resolve the matter through mediation or any other form of alternative dispute resolution.
  • The extent to which parties followed any applicable pre-action protocol or practice directions.
  • The complexity of the civil case and the difficulty and novelty of the questions involved.

If a party is dissatisfied with the decision

If a party is dissatisfied with the decision of the registrar regarding the amount of costs granted, the party may apply to a judge to review the taxation within 14 days after the registrar's taxation decision.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

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Resources

Legislation associated with this topic includes Order 59 of the Rules of Court.
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