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If you issue Summons in the Magistrate’s Court and no Notice to Defend is received and Judgement was taken but thereafter they lodge an Application for Rescission of Judgement, do you use the undefended scale for the first part of the account and thereafter the other matters scale or can you use the defended scale?

~ Mari Roux To the best of our experience the scale of fees recoverable will depend on the status of the matter at the time of the Taxation. If a matter has progressed from undefended to defended and a cost order in the end provides for recovery of costs, then such costs should be recoverable on a defended basis, from inception to the end.