§ 42. Mr. A. Lewisasked the Attorney-General if he is aware that under the War Damage Act, a person who appeals against the War Damage Commission's assessment of damage can only obtain refund of costs incurred at the discretion of the President of the Panel; and whether he will amend Rule 12 (3) of the War Damage (Valuation Appeals and References) to allow a successful appellant to claim costs incurred as a right.
79W
§ The Attorney-GeneralIn relation to costs, the War Damage (Valuation Appeals and References) Rules, 1946, follow the ordinary principle prevailing in the Supreme Court, the County Court, and in arbitrations, under which the incidence of costs and their amount are in the discretion of the tribunal unless, in a particular case, there is express statutory provision to the contrary. Experience has shown that adherence to this principle is in general the best method of securing justice between the parties.