- Is amended by Court Fees (Supreme Court) and Costs (Amendment of First Schedule) Rules, 2014
- Is amended by Court Fees (Supreme Court) and Costs (Amendment of Schedules) Rules, 2020
- Is amended by Statute Law Revision (Miscellaneous Amendments) (No. 2) Act, 2021
- Is amended by Court Fees (Supreme Court) and Costs (Amendment of First Schedule) Rules, 2022
Court Fees (Supreme Court) and Costs Act
- Commenced on 7 March 1964
- [This is the version of this document from 10 January 2022.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by Court Fees (Supreme Court) and Costs (Amendment of First Schedule) Rules, 2014 (Statutory Instrument 16 of 2014) on 24 February 2014]
- [Amended by Court Fees (Supreme Court) and Costs (Amendment of Schedules) Rules, 2020 (Statutory Instrument 16 of 2020) on 10 February 2020]
- [Amended by Statute Law Revision (Miscellaneous Amendments) (No. 2) Act, 2021 (Act 49 of 2021) on 12 November 2021]
- [Amended by Court Fees (Supreme Court) and Costs (Amendment of First Schedule) Rules, 2022 (Statutory Instrument 1 of 2022) on 10 January 2022]
1. Short titleThis Act may be cited as the Court Fees (Supreme Court) and Costs Act.
2. DefinitionsIn this Act unless the context otherwise requires"Registrar" means the Registrar of the Supreme Court, and includes the Assistant Registrar in the absence of the Registrar;"cause" shall include any action, suit or other original proceedings in the Supreme Court between a plaintiff and a defendant;"matter" shall include every proceeding in the Supreme Court not in a cause;"counsel" includes any barrister at law, attorney or advocate whose name is on the roll of members of the legal profession admitted to practice in Seychelles;"attorney" means an attorney at law and includes a barrister or advocate when acting as an attorney at law;"judgment creditor" means a party to a cause or matter in whose favour a judgment or order of the court has been given;"judgment debtor" means a party to a cause or matter against whom a judgment or order of the court has been given.
3. Fees to be takenThe several fees specified in the first schedule hereto (including *usher's fees) shall be payable in the office of the Registrar on proceedings in the Supreme Court, or before a Judge in chambers or the president of the family council as the case may be. A table of the aforesaid fees shall be posted in a conspicious place in the Court House and in the office of the Registrar of the Supreme Court, and such fees shall be paid in the first instance by the party on whose behalf such proceeding is to be taken, on or before such proceeding.
4. Power to alter or add to First ScheduleThe Chief Justice, in consultation with the Minister responsible for finance, may alter, amend or add to the fees contained in the First Schedule.[section 4 substituted by section 29 of Act 49 of 2021]
Part II – Taxation of costs in the Supreme Court in its civil jurisdiction
5. Registrar to be taxing masterThe Registrar shall be the taxing master and shall tax in manner hereinafter provided by this Act, all bills of costs
6. Fees to be allowed on taxationCounsel's fees and attorneys' bills of costs shall, subject to the provisions of section 17, be taxed in accordance with the provisions of this Act and of the second schedule hereto and no counsel, attorney or party shall be entitled to recover any larger sum by way of fees or costs than that allowed on taxation except, that in the case of an agreement enforceable under the provisions of section 17, an attorney shall be entitled to recover from a person liable thereunder the amount payable by that person under the terms thereof adjusted where necessary pursuant to review under subsections (3) and (4) of section 17.
7. Discretionary power of court as regards costsNothing in this Act shall detract from the discretionary power of the court to grant or disallow costs in causes or matters or to grant costs only on the amount awarded by the judgment of the court, or to apportion the costs as the court may deem fit.
8. Taxation of bill of costs. When judgment creditor may applyA judgment creditor may apply to the taxing master to have his bill of costs taxed, if the judgment debtor fail to pay the amount of such bill within twenty four hours after due delivery of the bill and demand for payment made, unless the judgment debtor has admitted in writing owing the amount of such bill.
9. When an attorney may applyAn attorney who has done work for a client in a cause or matter or otherwise may apply to the taxing master to have his bills of costs for such work taxed, if the client fail to pay the amount of such bill within twenty four hours after due delivery of the bill and demand for payment made; and except as provided in section 17 no attorney shall sue a client for the recovery of his costs until after his bill of costs has been taxed.
10. Application to tax billEvery application to tax a bill of costs shall be in writing signed by the applicant or his attorney, if any and shall be accompanied by one copy of the bill to be taxed and a certified copy of the letter of demand. Such application shall be brought by the applicant or his attorney to the taxing master who must satisfy himself that service of the bill and letter of demand was duly made. In every bill of costs the professional charges shall be entered in a separate column from the disbursements and every column shall be cast before the bill is brought for taxation.
11. Taxing master to fix date for taxationThe taxing master on receipt of such application shall fix a date and time for the taxation and shall give a note thereof to the applicant and shall notify the adverse party in writing by a registered letter sent through the post, or in such other manner as the taxing master shall direct, of the time and date fixed for the taxation:Provided that it shall not be necessary for the taxing master to give such notice as aforesaid, when the bill to be taxed is for work done in a cause or matter and the adverse party has not appeared at the hearing of such cause or matter.
12. When taxing master may proceed ex parteIf either the applicant for the taxation or the adverse party fail to attend before the taxing master at the time fixed for the taxation, after due notice thereof and without sufficient excuse, the taxing master may tax the bill ex parte.
13. Procedure on taxationThe taxing master shall retain one copy of every bill of costs brought to him for taxation, and, if the taxation is for work done in a cause or matter, he shall attach such copy to the record of the case. He shall strike out all items disallowed and, if less than the amount of any item claimed is allowed he shall note on the bill the diffence not allowed; he shall certify at the foot of the bill over his signature the total amount allowed and the date of taxation. The taxing master shall not allow any claims for disburdenments unless receipts for the amounts disbursed are produced to him, or, if it be impossible or highly inconvenient to obtain receipts, unless he is satisfied by affidavit or otherwise that the disbursements have been made, and in every case that such disbursements were necessary.
14. Costs of taxation when one sixth of bill disallowedIf a bill of costs when taxed be less by a sixth part than the bill delivered, then the judgment creditor or the attorney by whom the application to tax the bill was made, shall not be allowed the costs of the taxation.
15. Excessive number of witnesses, costs may be disallowedIf the taxing master be of opinion that more witnesses have been summoned for the purpose of proving any particular fact or facts than the circumstances of the case required, he may disallow the costs of such witnesses.
16. Review of taxation by JudgeAny party to a cause or matter and any attorney or client who is dissatisfied with the taxation of the taxing master may apply by petition to a Judge to review such taxation and the Judge on receipt of such application shall fix a date for reviewing the taxation in his chambers. The Registrar shall give a note of the date and time so fixed to the applicant and shall send to the adverse party or person notice thereof by a registered letter sent through the post, or in such other manner as the Judge may direct. If any party to whom notice has been duly given fail without sufficient excuse to attend at the time fixed by such notice, the Judge may review the taxation in the absence of such party. The Judge after hearing the parties attending shall either confirm the taxation of the taxing master or shall alter it as he may consider fit. The decision of the Judge shall be final and not subject to appeal.
17. Taxation of agreements between attorneys and clients
18. Agreement to exclude any further claim for costsSuch an agreement shall be deemed to exclude any further claim of the attorney beyond the terms of the agreement in respect of any services, fees, charges or disbursements in relation to the conduct and completion of the work in reference to which the agreement is made, unless any such services, fees, charges or disbursements are expressly excepted by the agreement.
19. Void agreementsAny provisions or conditions in any such agreement with respect to any purchase by an attorney of the interest, or any part of the interest of his client in any suit or other contentious proceeding to be brought or maintained or whereby the attorney may be relieved from any responsibility to which he would otherwise be subject as such attorney shall be null and void.
20. Change of attorney, taxation of agreementIf after any agreement as aforesaid shall have been made, the client shall change his attorney before the conclusion of the work to which such agreement shall relate (which he shall be at liberty to do notwithstanding such agreement) the attorney, party to such agreement, shall no longer be entitled to act under such agreement, but he may apply by petition to a Judge in chambers to tax such agreement and upon such taxation, the attorney shall not be deemed entitled to the full amount of the remuneration agreed to be paid to him, unless it shall appear that there has been no default, negligence, improper delay or other conduct on his part affording reasonable ground to the client for such change of attorney, and the Judge shall decide having regard to all the circumstances under which the change of attorney has taken place, how such attorney is entitled to be paid. The decision of the Judge shall be final and not subject to appeal.
21. Costs of the Republic
22. Power to alter or add to Second ScheduleThe Chief Justice, in consultation with the Minister responsible for finance, may alter, amend or add to the fees contained in the Second Schedule and make rules for more effectually carrying out the purposes and provisions of this Part.[section 22 substituted by section 30 of Act 49 of 2021]
History of this document
10 January 2022 this version
12 November 2021
10 February 2020
24 February 2014
07 March 1964