Supreme Court Rules 2000

The costs of a plaintiff under disability in a proceeding to which rule 299 applies are to be taxed by the taxing officer as between party and party and as between practitioner and client.

If, in relation to any proceeding, a taxation is required to be made under subrule (1), costs, other than those certified under that subrule, are not payable to the practitioner for any plaintiff in the proceeding.

The taxing officer is to certify the respective amounts of the party and party and solicitor and client costs and any difference or proportion payable by the parties to the proceeding.

If in any proceeding referred to in subrule (1) any sum is required under this rule to be paid to the Public Trustee, the taxing officer taxing any costs under that subrule in relation to that proceeding is to notify the result of the taxation to the Public Trustee.

If the practitioner of a plaintiff in any proceeding to which rule 299 applies indicates to the defendant that the practitioner is claiming from the client only party and party costs in the proceeding, the parties may agree on those costs without having them taxed if the application in respect of the proceeding discloses the amount of those costs.

Notwithstanding that the parties have agreed upon party and party costs – any party has the right to have those costs taxed; and the Court or a judge may direct that those costs be taxed.