✨ Legal Fees and Allowances
2474
THE NEW ZEALAND GAZETTE.
[No. 73
64
APPENDIX C.
ALLOWANCES AND COSTS.
ALLOWANCES TO WITNESSES.
GENTLEMEN, merchants, bankers, and professional men, per diem .. .. 15s. to 21s.
Auctioneers, accountants, clerks, farmers, and tradesmen, per diem .. 14s. ,, 17s.
Artisans and journeymen, per diem .. .. .. .. .. .. 12s. ,, 15s.
Labourers, per diem .. .. .. .. .. .. .. 10s. ,, 12s.
Female witnesses: Two-thirds the above sums.
Children: A reasonable amount for expenses, to be fixed by the Court.
Travelling expenses: The cost of conveyance by railway, coach, or other public conveyance, or, if no such conveyance, 9d. per mile, one way. Witnesses of the artisan and labourer classes to be allowed second-class fare; the others first-class.
If the witnesses attend in more than one action they will be entitled to a proportionate part in each action only.
ALLOWANCES TO SCIENTIFIC OR EXPERT WITNESSES.
For qualifying to give evidence, from .. .. .. .. .. 10s. to £5.
Attending Court on trial, per diem .. .. .. .. .. 10s. ,, £2.
In estimating the amount to be allowed, the character of the action, the professional standing of the witness (if a professional man), and the propriety of retaining the particular witness are to be considered, and in no case is the maximum allowance to be exceeded. Travelling-expenses to be allowed on the same scale as to an ordinary witness.
The above allowances shall not apply to persons who prepare plans, drawings, models, &c., for the purpose of illustration, and who, if called at the hearing of the action, prove the correctness of such plans, drawings, models, &c., only; but in lieu thereof these may be allowed the sum reasonably paid for the same if prepared for the purposes of the action. Any such person shall be allowed expenses upon the scale for ordinary witnesses.
Either party to an action may be allowed the sum reasonably expended in the conveyance of any chattel for production before the Court.
SOLICITORS’ FEES.
| Under £2. | £2 and under £10. | £10 and under £30. | £30 and under £50. | £50 and over that Sum. | |
|---|---|---|---|---|---|
| For entering plaint .. .. | No fee | £ s. d. 0 5 0 | £ s. d. 0 10 0 | £ s. d. 1 0 0 | £ s. d. 1 0 0 |
| Appearance in Court to conduct action in defended cases | ,, | 1 1 0 | 2 2 0 | 3 3 0 | 5 per cent., with minimum of £3 3s. |
| Appearance in undefended cases .. | ,, | 0 10 6 | 1 1 0 | 1 11 6 | 2½ per cent., with minimum of £1 11s. 6d. |
| For appearance on examination of witnesses under section 87 at the Court of examination in undefended cases | ,, | 0 10 6 | 1 1 0 | 1 11 6 | 2½ per cent., with minimum of £1 11s. 6d. |
| Ditto in defended cases .. .. | ,, | 0 10 6 | 1 1 0 | 2 2 0 | 2½ per cent., with minimum of £2 2s. |
Appearance in tenement cases, £1 1s. to £2 2s.
Appearance in Court or Chambers on any interlocutory proceeding or other matter within the jurisdiction of the Court under the Act, 10s. 6d. to £2 2s.
| Amount exceeding £2, but not exceeding £100. | £100 and over that Sum. | |
|---|---|---|
| For appearance on application for attachment order (interlocutory) | £ s. d. 0 10 6 | £ s. d. 0 10 6 |
| ” (absolute) .. | 0 10 6 | 1 1 0 |
| For appearance on an examination of a debtor .. .. | 1 1 0 | 2 2 0 |
In case of payment into Court or confession, no solicitor’s fee for appearance will be allowed if the party paying into Court or confessing judgment files notice with the Clerk of the Court and serves notice upon the other party, or at the office of his solicitor, not later than noon of the day preceding the day fixed for the hearing of the case: Provided that, if the day preceding the day of hearing is a Sunday, or Court holiday, the notice must be filed and served not later than noon of the next preceding business day. If notice is not so given the Court will allow half the solicitor’s fee, as per scale.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1920, No 73
NZLII —
NZ Gazette 1920, No 73
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⚖️ Justice & Law EnforcementWitness Allowances, Solicitors' Fees, Legal Costs, Court Proceedings