Taxation of costs could proceed where 14-year delay arose from mutual understanding

The High Court dismissed an application for judicial review seeking prohibition of the taxation of costs, stemming from a 14-year mutual understanding between the parties not to pursue their respective entitlements to costs. The court found no inordinate delay by the notice party in activating the taxation process, as the delay was excusable due to the shared belief in a set-off arrangement. Furthermore, the applicants failed to establish any prejudice that would result from allowing the taxation to proceed, as they could not demonstrate that any potentially missing documents were essential to the process. The court emphasized the checks and balances inherent in the taxation process, including the County Registrar's duty to determine a reasonable sum and the right of appeal, which safeguard against unfairness. Consequently, the notice party was entitled to reimbursement for outlay but no order as to costs was made due to self-representation.