Taxation of bills

(1) Subject to section 33 and this section, a client or any person who is liable to pay or has paid an attorney’s bill of fees may refer it to the taxing officer for taxation within one month after the date on which the bill was served on him. (2) Where no application is made within the period of one month, a reference for taxation may be ordered by the court either on the application of the attorney or the client, and may be ordered with any directions and subject to any conditions as the court thinks fit. (3) No reference shall be ordered upon application made by the client after judgment is obtained in any suit for the recovery of fees of the attorney or after the expiration of twelve months after the bill is served except in exceptional circumstances proved to the satisfaction of the court to which the application for the reference was made. (4) Upon any reference, if either the attorney or his client, having received due notice, refuses or neglects to attend the taxation, the taxing officer may proceed to tax and settle the bill ex parte. (5) Subject to any rules of court, upon any taxation of costs with respect to any legal business, the taxing officer may– (a) allow interest at the rate as he thinks just on moneys disbursed by the attorney-at-law for the client and on money in the hand of and on property retained by the attorney-at-law; and (b) in determining the remuneration of the attorney-at-law have regard to the skill, labour and responsibility involved in the business done by him. (6) Upon every taxation, the taxing officer shall certify what is found to be due to the attorney in respect of the bill and make the order as he deems fit with regard to the costs of reference. 30 (7) If either party is dissatisfied with the decision of the taxing officer as to the amount of the bill or the cost of reference, he may within 21 days after the date of the decision apply to the court to review the decision, and the court may thereupon make an order varying or confirming the decision as the court considers fair and reasonable. (8) The certification of the taxing officer or, as the case may be, the order of the court under this section shall, subject to rules of court, be final and conclusive as to the amount due. (9) In this section “taxing officer” means the Registrar or such other officer as may be designated by rules of court. Act.