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In this connection, a flexible approach is needed. The present approach of taxing
masters is largely to proceed on the assumption that the paying party should pay the
receiving party's costs of the taxation. While this should remain the prima facie
position, it ought to be displaced where grounds exist for making a different order.
Thus, if the recommendations in this Final Report are accepted, it would be displaced
where the paying party made a successful sanctioned payment or where the receiving
party insisted on an oral hearing after a provisional taxation, without positive result.
Equally, if a receiving party has unjustifiably inflated his bill or has filed a poorly
prepared bill which makes a provisional taxation impossible or which prolongs the
oral hearing, he should be deprived of some or all of his costs or ordered to pay some
of the paying party's costs or disallowed some of the costs awarded on the taxation.
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