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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATUCIVIL JURISDICTION
Civil Case No. 154 of 1996
BETW>BETWEEN:
PORT VILA HARDWARE LTD
PlaintiffAp>
FRANCOIS MARCHAND
Defendant
Coram: Justice Oliver A.SAKSAK sitting in Chambers.
Counsel: Mr. Alain Lew as Representative of the Plaintiff.
Mr. Francois Marchand, Defendant in person.
JUDGMENT ON TAXATION OF COSTS
Parties and Representations
The Plaintiff is represented by Mr. Silas Charles Hakwa of Silas Charakwa & Associates. On 2 On 2nd July 1998 at the hearing of the Plaintiff’s application for taxation, Mr. Hakwa was not able to attend due to his commitments in Parliament. He advised to that effect by letter dated 2nd July and sought to have the Application dealt with in his absence. Mr. Alain Lew was present at the Chambers hearing as the Plaintiff’s representative.
Basis of Application
The Plaintiff’s Application for Taxation was made pursuant to paragraph 2 of the Orders of the Court dated 27th February 1998 whereby the Court ordered the Defendant to pay the Plaintiff’s costs or failing agreement to have such costs taxed. The Plaintiff’s Bill of Costs is dated 18th March 1998 for the total sum of VT1.047.000 made up as follows: -
(a) Professional Costs = VT1.00
(b) Disbursements = & p;&nssp;&nsp; &nsp; &nbbsp 4
uote>ote>&nnbsp;; --------------
Total = VT1.047.000
The Defendant does not agree to this figure and the parties come before the Court for taxation of the above sum.
Applications
There was only one Application before the Court in respect of taxation of two separate Bills of Costs in relation to two separate cases being –
(a) Civil Case No. 154 of 1996; and
(b) Civil Case No. 83 of 1996.
The Defendant is the same person in each of the two cases.
I will deal with each case separately.
Civil Case No. 154 of 1996: Port Vila Hardware Ltd. –v- Francois Marchand
The Plaintiff claims a total of VT1.047.000 in costs. Counsel for the Plaintiff submits that the Plaintiff is entitled to their full costs. They argue that this matter commenced in October 1996 and was a matter capable of settlement in 1996 but non-settlement was due to the Defendant’s refusal. On 22d February 1998 the Defendant finally agreed for Judgment to be entered against him for the recovery of the outstanding debt against him. It is argued that due to his failure to settle in 1996, the matter proceeded until 1998 and in the process, the Plaintiff incurred further costs and fees.
The Defendant tells the Court that he accepts to pay only VT1.200.000 on the basis that this amount is costs in respect of both Civil Cases No. 154 and 83 of 1996 respectively. He submits that both Bills of Costs are too high compared to costs charged by other solicitors. He was ordered to submit those Bills for examination by the Court which the Defendant did on Friday 3rd July.
I have looked at those Bills and I am satisfied that they have been charged at the normal rate of Solicitors costs in Port Vila at VT20.000 per hour. I find that when George Vasaris & Co. acted for the Defendant in respect of Civil Case No. 83 of 1996 he was charged a total of VT106.800 for services provided during the period from 22nd May 1996 to 18th October 1996. Messrs. Silas Hakwa & Associates have acted for the Plaintiff in this case commencing on 09th May 1996 to 20th March 1998. This is more than 1 year and 10 months. I accept the Plaintiff’s submission therefore that whereas there could have been settlement in October 1996, the Defendant refused and due to that, costs have been further incurred for which the Defendant has to be held accountable.
The Court ordered also that Counsel for the Plaintiff submit all Files in their power or possession to the Court for examination for the purposes of taxation. Counsel complied and submitted all Files on Friday 3rd July 1998. I have examined their File in relation to Civil Case No. 154 of 1996 and I make the following assessments –
Date
Hour/Rate Claimed
Hour/Rate Allowed
Amount/VT Claimed
Amount/VT Allowed
04/10/96
1hr @ VT20.000
½ hr only
(Time as per File)
20.000
10.000
20/10/96
(SIC)
1 hr @ VT20.000
½ hr only
(Time as per File)
20.000
10.000
20/11/96
4 hrs @ VT20.000
3 hrs only
(Time as per File)
80.000
60.000
22/11/96
2 hrs @ VT20.000
-
40.000
40.000
22/11/96
1 hr @ VT20.000
-
20.000
20.000
06/12/96
1 hr @ VT20.000
-
20.000
20.000
10/01/97
1/10 hr @ VT20.000
-
2.000
2.000
14/01/97
1/10 hr @ VT20.000
-
2.000
2.000
16/01/97
2 hrs @ VT20.000
1 ½ hrs only
(Time as per File)
40.000
30.000
22/01/97
½ hr @ VT20.000
-
10.000
10.000
22/01/97
½ hr @ VT20.000
-
10.000
10.000
29/01/97
1 hr @ VT20.000
-
20.000
20.000
30/01/97
½ hr @ VT20.000
-
5.000
5.000
10/02/97
½ hr @ VT20.000
-
10.000
10.000
14/02/97
½ hr @ VT20.000
-
10.000
10.000
26/02/97
1 ½ hrs @ VT20.000
1 hr only
(Time as per File)
30.000
20.000
26/02/97
½ hr @ VT20.000
-
10.000
10.000
10/03/97
1 ½ hrs @ VT20.000
1 hr only
(Time as per File)
30.000
20.000
07/04/97
1 hr @ VT20.000
-
20.000
20.000
14/05/97
1 hr @ VT20.000
-
20.000
20.000
26/05/97
2 hrs @ VT20.000
-
40.000
40.000
29/05/97
1 hr @ VT20.000
-
20.000
20.000
03/06/97
1 hr @ VT20.000
-
20.000
20.000
17/06/97
1/10 hr @ VT20.000
-
2.000
2.000
23/06/97
½ hr @ VT20.000
-
10.000
10.000
23/06/97
½ hr @ VT20.000
-
10.000
10.000
23/06/97
¼ hr @ VT20.000
-
5.000
5.000
27/06/97
½ hr @ VT20.000
-
10.000
10.000
02/07/97
¼ hr @ VT20.000
-
5.000
5.000
04/08/97
½ hr @ VT20.000
-
10.000
10.000
25/08/97
1/10 hr @ VT20.000
-
2.000
2.000
05/09/97
1 hr @ VT20.000
-
20.000
20.000
24/09/97
1 hr @ VT20.000
-
20.000
20.000
25/09/97
1 hr @ VT20.000
-
20.000
20.000
21/10/97
¼ hr @ VT0.000
-
5.000
5.000
05/11/97
1/10 hr @ VT20.000
-
2.000
2.000
08/11/97
½ hr @ VT20.000
-
10.000
10.000
19/12/97
5 hrs @ VT20.000
4 ½ hrs only
(Time as per File)
100.000
90.000
22/12/97
1 ½ hrs @ VT20.000
-
30.000
30.000
23/12/97
½ hr @ VT20.000
-
10.000
10.000
02/02/98
2 hrs @ VT20.000
-
40.000
40.000
03/02/98
1 ½ hrs @ VT20.000
-
30.000
30.000
17/02/98
1 hr @ VT20.000
-
20.000
20.000
25/02/98
2 hrs @ VT20.000
-
40.000
40.000
26/02/98
¼ hr @ VT20.000
-
5.000
5.000
27/02/98
1 ½ hrs @ VT20.000
-
30.000
30.000
27/02/98
1 hr @ VT20.000
-
20.000
20.000
10/03/98
3 hrs @ VT20.000
-
60.000
60.000
Total Professional Costs Allowed =
935.000
Plus Disbursements:- (a) Court Fee - Allowed VT17.000
(b) Photocopying - " VT20.000
(c) Facsimile - " VT 3.000
(d) Telephone - " VT 2.000
(e) Miscellaneous & Sundries - " VT 5.000
Total Allowed = VT47.000
The total amount of professional costs and disbursements in my assessment and findings is certified in the sum of VT982.000.
This Court orders the Defendant to pay the sum of VT982.000 to the Plaintiff’s Solicitor within 14 days from the date of this Order. There will be no order as to the costs of taxation.
Dated at Port Vila, this ......... day of July 1998.
BY THE COURT
Oliver A. SAKSAK
Judge
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