60Costs

60 Costs

(1)  The costs of, and incidental to, any arbitration or proceedings before the Court under this Act are in the discretion of the arbitrator or the Court.

(2)  In exercising a discretion to award costs under subsection (1) , the Court or arbitrator must take into consideration –

(a) where the subject matter of the proceedings or arbitration relates to the amount of compensation payable, the amount of compensation awarded as compared with the amount (if any) offered by the acquiring authority; and

(b) the extent to which the proceedings or arbitration has arisen from, or been affected by –

(i) unreasonable conduct on the part of the claimant or the acquiring authority; or

(ii) the failure of the claimant to give adequate particulars of the claim or supply supporting material when required to do so; or

(iii) an excessive claim by the claimant; or

(iv) an unduly depressed offer by the acquiring authority.

(3)  [Section 60 Subsection (3) amended by No. 31 of 2019, s. 20, Applied:01 Jan 2020] [Section 60 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] In relation to the costs referred to in subsection (1) , a legal practitioner is entitled to charge, and is allowed, the fees set forth in the scales of fees in the relevant Supreme Court Rules, and the costs are taxable by the taxing officer of the Supreme Court in accordance with the provisions for the taxation of costs contained in those Rules.

(4)  [Section 60 Subsection (4) amended by No. 31 of 2019, s. 20, Applied:01 Jan 2020] In awarding costs under this section, the Court or an arbitrator may, either of its, his or her own motion or on the application of any party, order that the costs be taxed on any of the scales of fees set forth in the relevant Supreme Court Rules.

(5)  A party who is dissatisfied with a certificate or allocatur of the taxing officer may, within 14 days after the date of the certificate or allocatur or such other time as may be allowed by the taxing officer at the time of signing the certificate or allocatur, apply to the Court for an order to review the taxation of any of the costs to which the certificate or allocatur relates.