s 128 How costs of assessment to be borne
128.—(1) In case any order for assessment is made upon the application of the party chargeable or liable, or of the solicitor, the costs of the order and assessment, except when the order has been made after the expiry of 12 months, must be paid according to the event of the assessment —(a) if the bill when assessed is less by a sixth part than the bill delivered, then the solicitor must pay the costs; or[Act 25 of 2021 wef 01/04/2022] (b) if the bill when assessed is not less by a sixth part, then the party chargeable or liable, if the application is made by the party, or if the party attends the assessment, must pay the costs.[Act 25 of 2021 wef 01/04/2022] (2) Every order for such a reference must direct the Registrar to assess the costs of the reference, and to certify what, upon the reference, is found to be due to or from the solicitor in respect of the bill, and of the costs of the reference, if payable.[Act 25 of 2021 wef 01/04/2022] (3) The Registrar may certify specially any circumstances relating to the bill or assessment.[Act 25 of 2021 wef 01/04/2022] (4) The court may thereupon make any such order as it thinks right, respecting the payment of the costs of the assessment.[Act 25 of 2021 wef 01/04/2022] (5) Where such a reference is made, when it is not authorised except under special circumstances, the court may give any special directions relative to the costs of the reference.[Act 25 of 2021 wef 01/04/2022]