67.12 Assessment of costs - general

--(1) This rule applies where costs fall to be assessed in relation to any matter or proceedings, or part of a matter or proceedings other than a procedural application.

--(2) Where the assessment relates to part of court proceedings it may be carried out by the judge or master hearing the proceedings, or the judge or master may give directions as to how the assessment is to be carried out.

--(3) Where the assessment does not fall to be carried out at the hearing of any proceedings then the person entitled to the costs must apply to a master for directions as to how the assessment is to be carried out.

--(4) The application must be accompanied by a bill or other document showing the sum in which the court is being asked to assess the costs and how such sum was calculated.

--(5) On hearing any such application the master must either-

----(a) assess the costs if there is sufficient material available for him to do so; or

----(b) fix a date, time and place for the assessment to take place.

--(6) The master may direct that the party against whom the bill is assessed pay the costs of the party whose bill is being assessed and, if so, must assess such costs and add them to the costs ordered to be paid.

Notes

Amended by Legal Notice 233 of 2005.

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