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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Accident Compensation Cases

Kena v Accident Compensation Corporation (DC, 05/11/04)

Judgment Text

RULING OF JUDGE J D HOLE AS TO COSTS 
Judge J D Hole
1.
I have read the two letters from counsel for the appellants dated 8 August 2004 and their letter dated 8 July 2004. I have also read the submissions of the Corporation concerning disbursements. 
2.
In the normal course of events, where the Court awards costs against a party plus disbursements, if disbursements are not agreed then the Registrar fixes them. It is not the province of the Judge. 
3.
If a Judge is called upon to determine disbursements, then he needs to have some evidence. In this regard there are invoices in respect of each appeal and the disbursements seem similar to what one would expect in most civil cases. 
However, the Corporation contends that, in each case, the Bundle of Documents contained an excessive number of documents, which necessitated extraordinary photocopying fees. This may be the case: however, the Court is not in a position to determine it without specific evidence from the Corporation as to its complaint. 
4.
Given that, in each case, the disbursements claimed seem to accord with disbursements frequently claimed in respect of ordinary civil actions, there seems no reason that the disbursements claimed should not be approved. 
5.
Therefore, in respect of the Kena appeal, I am satisfied that disbursements totalling $575.35 are in order. 
6.
In respect of the Thomson appeal, I am satisfied that disbursements in the sum of $801.35 are in order. 
7.
I rule accordingly. 

From Accident Compensation Cases

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