John Kombra & 10 Others v Bernard Kipit and National Capital District Commission (2009) N3756

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 11 September 2009
• Citation: (2009) N3756
• Docket Number: CIA NO. 479 OF 2005
• Year: 2009

Full Title: CIA NO. 479 OF 2005; John Kombra & 10 Others v Bernard Kipit and National Capital District Commission (2009) N3756

National Court: Davani J

Judgment Delivered: 11 September 2009

COSTS—Taxation of bill of costs—taxation proceeded in respondents’ absence—costs taxed on a solicitor/client basis—appellant, a lay man, claimed costs on a solicitor/client basis—a ground for review—O22 of National Court Rules.

COSTS—Review of taxation—application on motion to a Judge—to be done within 14 days after taxation or within such further time allowed by the Court—objections must be specified and listed or attached to the Motion—list must state concisely the nature and grounds of each objection.

COSTS—Review of taxed costs—application for extension of time—principles to apply when considering extension of time.

Facts

The Trial Judge had ordered that the respondents pay the appellant his costs. The appellant, a lay man, filed and had taxed a solicitor/client basis bill of costs. The respondent wishes to review the taxed costs but must firstly, seek an extension of time.

Held

The principles to be relied on when granting an extension of time to object to taxed costs are;

1. That there must be a reasonable explanation why costs were taxed in the defendant or plaintiff’s absence;

2. That the application for extension of time must be made promptly and within a reasonable time of the decision becoming known;

3. If there is any delay, whether the reasons for delay are justified under the circumstances;

4. Whether the application has any merits?

RULING

1. DAVANI .J—Before me is Notice of Motion filed on 15th July, 2009 by the Legal Section of the National Capital District Commission (‘NCDC’). The Motion seeks orders for a review of costs taxed on 25th June, 2009 in the amount of K8,587.50. The application is supported by the affidavit of Patricia Solon Mesa sworn on 15th July, 2009.

2. The appellant opposes the application.

Background

3. The costs arise from a decision of the National Court of 18th May, 2007 where the Trial Judge presided over a claim for loss of entitlements by the plaintiff. This matter was filed as an appeal. The Trial Judge, on review of the plaintiff’s claim before him, decided that the claim should proceed by way of Writ of Summons and Statement of Claim. He then directed that the National Court Registrar “allocate a file reference and put the matter before the Listings Court for the matter to be listed and to be dealt with under the Listings Rules” (pg.4...