Ronald Emanuel Jordan v Glen Hamilton Edwards [1979] PNGLR 420

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: [1979] PNGLR 420
• Date: 05 September 1979
• Year: 1979

Full Title: Ronald Emanuel Jordan v Glen Hamilton Edwards [1979] PNGLR 420

Supreme Court: Prentice CJ, Raine DCJ, Kearney J

Judgment Delivered: 5 September 1979

1 Costs—taxation of costs—overseas counsel's fee—National Court Rules O91—Cost r81A—principles upon which may be allowed

2 COSTS—Taxation of costs—Particular items—Counsel's fees—Second or overseas counsel—Relevant considerations—Supreme Court Rules 1977, OXCI, r81A.

OXC1, r81A of the Supreme Court Rules provides:

"81A. SECOND OR OVERSEAS COUNSEL.

(1) The fees, costs and expenses of—

(a) a lawyer appearing as second counsel; or

(b) overseas counsel,

may be allowed on taxation only if, and to the extent that, they are certified for by the trial judge, or in a matter in the Supreme Court, by the Supreme Court.

(2) In this Rule 'overseas counsel' means a barrister or solicitor or barrister and solicitor who is not resident in the country and normally carries on practice outside the country."

Held:

(1) When considering whether an exception should be made in terms of OXC1, r81A of the Supreme Court Rules, the principal matters for consideration are:

(a) the difficulty of the case (in particular whether it involves complex matters of law);

(b) the nature and extent of the rights involved;

(c) the expertise reasonably required for the nature of the particular action;

(d) whether the smallness of the profession and of the community might cause embarrassment to the employment of resident counsel in the particular case;

(e) the need to keep costs as low as possible, and

(f) the need to keep access to advice as wide and even as possible.

Semble

where construction of the Constitution of the Independent State of Papua New Guinea is involved foreign counsel should not normally be required.

(2) On an appeal in the Supreme Court, and in the circumstances, including the briefing of the same counsel as appeared before the National Court (before r81A was introduced), the complex nature of the case, and the fact that the plaintiff having ceased to reside in Papua New Guinea briefed available counsel and solicitors in his own State of Australia, fees for overseas counsel should be allowed.

(3) In general such costs should include the costs of a return air fare to the nearest place where suitable counsel can be obtained, reasonable hotel and incidental expenses in the place of trial during trial, and other necessary expenses.

Reservation of Costs.

This was a matter in which the question of what counsel's fees should be allowed on taxation was reserved for consideration of the Supreme Court under OXCI, r81A of the Supreme Court Rules.

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