Section 85: Allowance and taxation of costs

85. Allowance and taxation of costs (1) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required by this Act or rules to be performed by himself. (2) Where the trustee is a solicitor, he may contract that the remuneration for his services as trustee shall include all professional services. (3) (a) All bills and charges of attorneys, managers, accountants, auctioneers, brokers, and other persons, not being trustees, shall be taxed by the prescribed officer, and no payments in respect thereof shall be allowed in the trustee’s accounts without proof of such taxation having been made. (b) The taxing officer shall satisfy himself before passing such bills and charges that the employment of such attorneys and other persons, in respect of the particular matters out of which such charges arise, has been duly sanctioned. (4) Every such person shall, on request by the trustee, (which request the trustee shall make a sufficient time before declaring a dividend) deliver his bills of cost or charges to the proper officer for taxation, and if he fails to do so within 7 days after receipt of the request, or such further time as the [Issue 1] B4 – 36 Revised Laws of Mauritius Court, on application, may grant, the trustee shall declare and distribute the dividend without regard to any claim by him, and thereupon any such claim shall be forfeited as well against the trustee personally as against the estate.