Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsCourts of Marine Enquiry Regulations, 196117. Orders for costs |
| (1) | The Court may make such order for the payment by the Director-General or any other party— |
| (a) | of the costs or any part thereof reasonably incurred by the Director-General or any other party in attending or being legally represented at the hearing or in bringing witnesses or adducing evidence; and |
| (b) | of any other costs or any part thereof reasonably incurred by the Director-General in connection with the investigation or hearing, |
as may be just.
[Regulation 17(1) substituted by regulation 13 of Notice No. R. 777 dated 5 August 2005]
| (2) | Any costs awarded in terms of subparagraph (a) of paragraph (1) shall be subject to taxation by the clerk of the Magistrate's Court within whose area of jurisdiction the investigation was held. His taxation shall, unless the Court of Marine Enquiry has directed that it be made on scale B or C, be made on the ordinary scale A applicable to the taxation of costs in an action tried in a Magistrate's Court, as though it was a taxation of the costs of such an action, and shall be subject to review as though it was such a taxation. The same fees as would be paid on the taxation of a bill of costs in a Magistrate's Court shall be paid in respect of the taxation of any costs so awarded. |
[Regulation 17(2) substituted by Notice No. R. 215 dated 16 February 1973]
| (3) | Any costs awarded in terms of subparagraph (b) of paragraph (1) shall be assessed by the presiding officer of the Court of Marine Enquiry. |