Judgment reserved on witness expenses

JUDGMENT was reserved yesterday in the High Court attempts by the Minister for Finance to limit witnesses' expenses incurred …

JUDGMENT was reserved yesterday in the High Court attempts by the Minister for Finance to limit witnesses' expenses incurred by Goodman International and Mr Larry Goodman at the Tribunal of Inquiry into the Beef Processing Industry. The Minister is seeking to limit expenses to those witnesses who actually gave oral evidence.

The tribunal ran from 1991 to 1993 and the report was delivered in July 1994. The inquiry into the taxation of costs convened on October 24th last before the Taxing Master. It was halted in November when the Minister was granted leave to take High Court action.

The Minister wants quashed a ruling of the Taxing Master, Mr James Flynn, on November 1st last. He contends that the Taxing Master's ruling purports to allow the taxation and recovery from the Minister of witnesses' expenses incurred by Goodman International and Mr Goodman, including, costs of interviewing and witnesses.

The Minister contends that part of the large sums incurred was for the retention of experts, the delivery of reports by them and for PR consultants, none of whom actually gave evidence. He claims he should not be liable to pay these sums.

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Counsel for the Taxing Master claimed it was the Taxing Master's function to identify what items of costs or expenses were recoverable, and it was necessary for the attainment of justice. The issues at the tribunal were so wide ranging that no counsel or solicitor, no matter how experienced, could have felt adequately equipped without the backing of experts.