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Companies Act, 2008 (Act No. 71 of 2008)

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part F : Conduct of Tribunal Proceedings

156. Costs and taxation

 

 

(1) Upon making an order, the Tribunal may make an order for costs.

 

(2) If the Tribunal has made an award of costs, the following provisions apply:
(a) The fees of one representative may be allowed between party and party, unless the Tribunal authorises the fees of additional representatives.
(b) The fees of any additional representative authorised in terms of sub-regulation (1) must not exceed one half of those of the first representative, unless the Tribunal directs otherwise.
(c) The costs between party and party allowed in terms of an order of the Tribunal, or any agreement between the parties, must be calculated and taxed by the taxing master at the tariff determined by the order or agreement, but if no tariff has been determined, the tariff applicable in the High Court will apply.
(d) Qualifying fees for expert witnesses may not be recovered as costs between party and party unless otherwise directed by the Tribunal during the proceedings.
(e) The recording officer may perform the functions and duties of a taxing master or appoint any person as taxing master who in the recording officer's opinion is fit to perform the functions and duties signed to or imposed on a taxing master by these regulations.
(f) The taxing master is empowered to tax any bill of costs for services actually rendered in connection with proceedings in the court.
(g) At the taxation of any bill of costs, the taxing master may call for any book, document, paper or account that in the taxing master's opinion is necessary to determine properly any matter arising from the taxation.
(h) The taxing master must not proceed to the taxation of any bill of costs unless the taxing master has been satisfied by the party requesting the taxation (if that party is not the party liable to pay the bill) that the party liable to pay the bill has received due notice as to the time and place of the taxation and of that party's entitlement to be present at the taxation.
(i) Despite sub-regulation (h), notice need not be given to a party—
(i) who failed to appear at the hearing either in person or through a representative; or
(ii) who consented in writing to the taxation taking place in that party's absence.
(j) Any decision by a taxing master is subject to the review of the High Court on application.