sec.87Assessing costs

### sec.87 Assessing costs This rule provides for how costs are to be assessed under section 107 of the Act if the tribunal makes a costs order that requires the costs be assessed under the rules. The costs must be assessed— by an assessor appointed by the tribunal; and if the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal. The assessor is to decide the procedure to be followed on the assessment of the costs. However, the procedure must be consistent with the objects of the Act , an enabling Act or these rules. Without limiting subrule (3) or (4) , the assessor may decide to do all or any of the following— hear the assessment in private; carry out the assessment on the papers without an oral hearing; not be bound by laws of evidence or procedure applying to a proceeding in the tribunal; be informed of the facts in any way the assessor considers appropriate; not make a record of the evidence given. r 87 amd 2016 SL No. 19 s 29 (sec.87-ssec.1) This rule provides for how costs are to be assessed under section 107 of the Act if the tribunal makes a costs order that requires the costs be assessed under the rules. (sec.87-ssec.2) The costs must be assessed— by an assessor appointed by the tribunal; and if the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal. (sec.87-ssec.3) The assessor is to decide the procedure to be followed on the assessment of the costs. (sec.87-ssec.4) However, the procedure must be consistent with the objects of the Act , an enabling Act or these rules. (sec.87-ssec.5) Without limiting subrule (3) or (4) , the assessor may decide to do all or any of the following— hear the assessment in private; carry out the assessment on the papers without an oral hearing; not be bound by laws of evidence or procedure applying to a proceeding in the tribunal; be informed of the facts in any way the assessor considers appropriate; not make a record of the evidence given. - (a) by an assessor appointed by the tribunal; and - (b) if the tribunal directs the costs be assessed by reference to the scale of costs applying to a court—by reference to the scale of costs directed by the tribunal. - (a) hear the assessment in private; - (b) carry out the assessment on the papers without an oral hearing; - (c) not be bound by laws of evidence or procedure applying to a proceeding in the tribunal; - (d) be informed of the facts in any way the assessor considers appropriate; - (e) not make a record of the evidence given.