necessary or proper for the attainment of justice or for defending the
rights of any party, but, save as against the party who incurred the same,
no costs shall be allowed which appear to the Taxing Officer to have
been incurred or increased through over-caution, negligence or mistake,
or by payment of a special fee to counsel, unless the High Court
otherwise orders, or special charges and expenses to witnesses or other
persons or by other unusual expenses.
(2) Upon the taxation of costs the Taxing Officer may, in determining
the remuneration to be allowed, have regard to the skill, labour and
responsibility involved, If, on having regard to the said matters, the
Taxing Officer considers that there are special reasons why costs in
excess of those prescribed in the Second Schedule should be allowed, he
may, in respect of any particular application made or business done,
allow such costs as seem to him reasonable and shall certify his decision
in writing.
(3) Any person aggrieved by the charges made by any legal practitioner
in respect of work performed by him under the provisions of the Act
may refer such charges to the Taxing Officer for taxation.
18. In the taxation of costs the Taxing Officer shall be guided, as far as Scale of fees to
the circumstances of each particular case will permit, by the scale of fees be followed
prescribed in Part IV of the Second Schedule. In addition to these
charges, all disbursements shall be separately charged and shall be
allowed by the Taxing Officer when reasonable.
19. (1) Witnesses requiring payment shall be paid for their attendance
and travelling in accordance with the tariff prescribed in Part II of the
Second Schedule.
(2) The charges for witnesses as fixed by tariff are to be considered as
payable to the witness by the party who summoned or produced him
and, in the event of any such party being awarded his costs against any
other party, the said charges shall be allowed against such other party in
the taxation of costs.
(3) Any person applying to the registrar of the Tribunal for the issue of a
subpoena to compel the attendance of any witness shall by endorsement
of such subpoena give an undertaking that all expenses due to the
Witnesses'
charges and
allowances