Supreme Court Regulations 1985

prescribed fee means the fee that a party entitled to be paid costs is required to pay to the Court for the taxation of a bill of costs by the Taxing Master.

(2) There is no prescribed fee if, before the commencement of a taxation of a bill of costs, the Court or the Taxing Master makes an order by consent for payment of the costs in the bill.

(3) The prescribed fee for a completed taxation of a bill of costs is 7.5% of the amount of costs allowed for the whole bill, exclusive of costs allowed under rule 63.75 of the Supreme Court Rules 1987 for GST paid or payable on other taxed costs in the bill.

(4) If the Taxing Master commences to tax a bill of costs but does not complete the taxation because he or she makes an order by consent for payment of costs, or for any other reason, the Taxing Master may order that the amount of costs allowed for the part of the bill that has been taxed is the amount on which the prescribed fee is to be calculated, and the prescribed fee is 7.5% of that amount.

(5) In an order stating the amount of costs allowed for a bill of costs the Taxing Master must, if a prescribed fee is payable, specify the amount of the prescribed fee and add it to the amount of the costs allowed.

(6) Subject to subregulation (7), a party who is required to pay a prescribed fee must do so 28 days after the Taxing Master makes the order allowing costs in the bill of costs.

(7) If a party to a taxation proceeding applies under rule 63.55 of the Supreme Court Rules 1987:

(a) to the Taxing Master for reconsideration of a decision made by the Taxing Master; or

the party who is required to pay the prescribed fee need not do so until 14 days after the determination of the application.

(8) Immediately after a party who is required to pay a prescribed fee does so, the party liable to pay the costs of that party is liable to pay that party an amount equal to the prescribed fee.

(1) A fee specified in the Schedule is payable to the Court for the item specified opposite the fee.

(3) A person exempt under subregulation (2) from paying a fee is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable.

(4) A person who recovers a fee under subregulation (3) must pay to the Court an amount equal to the fee.

(1) If a Registrar is of the opinion that the payment of a fee specified in the Schedule would cause financial hardship to the party who must pay the fee, the Registrar may do one or more of the following:

(2) The Registrar may grant a waiver or deferral or permission under subregulation (1) on conditions the Registrar considers appropriate, and may change those conditions at any time by notice to the party.

(3) The Registrar may cancel a deferral or permission at any time by notice to the party, in which case any part of the fee that remains outstanding becomes immediately payable.

(4) A party to whom a deferral or permission has been granted cannot, without leave of the Court, lodge either of the following if any part of the fee remains unpaid:

(b) if leave is not required – a notice of discontinuance of the proceeding.

(5) If an amount is not paid when it becomes due under this regulation:

(a) the party liable to pay the amount cannot take any further step in the proceeding without the leave of the Court until the amount is paid; and

Schedule

regulation 4

PART 1 – FEES PAYABLE FOR PROCEEDINGS IN THE COURT OF APPEAL

Fees payable for service of documents by the sheriff or an officer of the sheriff are set out in the Schedule to the Sheriff Regulations 1967.

PART 2 – FEES PAYABLE FOR ALL OTHER PROCEEDINGS IN THE SUPREME COURT

Fees payable for service of documents by the sheriff or an officer of the sheriff are set out in the Schedule to the Sheriff Regulations 1967.