Shah v Punja (Civil Case No -105 of 4946)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that the expression 'costs of this day' is a legal term of art meaning all costs incurred which will be thrown away, and is not confined to costs incurred only on the date when the order for 'costs of this day' was made. The Deputy Registrar's disallowance of items 1 to 26 based on an erroneous narrow interpretation was set aside and the matter remitted for reconsideration on merits.
Outcome
Matter remitted to Registrar for reconsideration of disallowed items on correct legal interpretation
Facts
The Deputy Registrar disallowed items 1 to 26 in a taxation of costs. The plaintiff applied to challenge this disallowance. The Deputy Registrar had interpreted the expression 'costs of this day' in a costs order to mean only costs incurred on the specific date when the order was made, and on that basis disallowed the items in question.
Issues
- What is the proper interpretation of the expression 'costs of this day' in a costs order?
Orders
- Disallowance of items 1 to 26 set aside.
- Matter remitted to the Registrar of the Court (Mr. Shaylor) for consideration of each item on its merits upon the correct interpretation of 'costs of this day'.
- Applicant to have costs of this application.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.