Taxation
40.27 Taxation
If a notice of objection under rule 40.25(1) has not been filed, only the party who has filed the bill may attend the taxation.
If a notice of objection has been filed, only the party who has filed the notice of objection and a party who has filed a notice of response under this Division may attend the taxation.
A party is bound by the party’s notice of objection or notice of response, with the effect that:
no amount will be taxed off any item to which objection has not been taken in the notice of objection; and
no amount will be allowed for any item to which objection has been taken in the notice of objection but not responded to in the notice of response.
Despite subrule (3) the taxing officer will only allow costs to which a party is entitled.
Costs as between party and party and costs on an indemnity basis are defined in the Dictionary.
At the taxation, a party may apply to the taxing officer for leave to make oral submissions for the purpose of explaining or clarifying an objection in the notice of objection or a response in the notice of response.
The taxing officer is to tax the bill in accordance with this Part and on completion is to issue a certificate of taxation.
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