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THE RULES OF THE HIGH COURT - ORDER 62
COSTS
(Past version on 08/07/2005).
(Past version on 05/05/2000).
(Past version on 10/07/1998).
(Past version on 01/07/1997).
(Past version on 30/06/1997).
COSTS
PRELIMINARY
1. Interpretation (O. 62, r. 1)
(1) In this Order-
"certificate" (證明書) includes allocatur;
(HK) "contentious business" (爭議事務) means business done, whether as a
barrister, solicitor or advocate, in or for the purpose of proceedings begun
before the Court or before an arbitrator appointed under the
Arbitration Ordinance ( Cap 341) not being common form probate business;
(10 of 2005 s. 166)
"costs" (訟費) include fees, charges, disbursements, expenses and
remuneration;
"the Court" (法院、法庭) means the High Court or any one or more judges
thereof, whether sitting in Court or in chambers, the Registrar or assistant
registrar or master; (25 of 1998 s. 2)
(HK) "District Court" (區域法院) means the District Court established
under the provisions of the District Court Ordinance ( Cap 336), and any judge
of that court; (L.N. 152 of 2008)
"legal representative" (法律代表), in relation to a party to proceedings,
means a counsel or solicitor conducting litigation on behalf of the party;
(L.N. 152 of 2008)
(HK) "mentally disordered person" (精神紊亂的人) means a person who is
so far disabled in mind or who is so mentally ill or subnormal due to arrested
or incomplete development of mind as to render it either necessary or
expedient that he, either for his own sake or in the public interest, should
be placed and kept under control;
(HK) "non-contentious business" (非爭議事務) means any business done by
and as a solicitor which is not contentious business;
"party entitled to be heard on taxation"
(有權在訟費評定中獲聆聽的一方) means-
(a) a party entitled to payment of costs;
(b) a party who has acknowledged service or taken any part in the
proceedings which gave rise to the taxation proceedings, and who is
directly liable under a costs order made against him;
(c) a person who has given the party entitled to payment of costs and the
Registrar written notice that he has a financial interest in the
outcome of the taxation; or
(d) a person in respect of whom a direction has been given under rule
21(3); (L.N. 152 of 2008)
"taxed costs" (經評定的訟費) means costs taxed in accordance with this
Order;
(HK) "taxing master" (訟費評定官) means the Registrar as taxing master;
(L.N. 152 of 2008)
"wasted costs order" (虛耗訟費命令) means an order made under section
52A(4) of the Ordinance. (L.N. 152 of 2008)
(2) In this Order, references to a fund, being a fund out of which costs are
to be paid or which is held by a trustee or personal representative, include
references to any estate or property whether immovable or personal held for
the benefit of any person or class of persons; and references to a fund held
by a trustee or personal representative include references to any fund to
which he is entitled
(whether alone or together with any other person) in that capacity, whether
the fund is for the time being in his possession or not.
2. Application (O. 62, r. 2)
(HK)(1) This Order shall apply to all proceedings in the Court, except
non-contentious or common form probate proceedings and proceedings in matters
of prize.
(2) Where by virtue of any Ordinance the costs of or incidental to any
proceedings before an arbitrator or umpire or before a tribunal or other body
constituted by or under any Ordinance, not being proceedings in the High
Court, are taxable in the Court of First Instance, the following provisions of
this Order, that is to say, rule 7(4), rule 8D (except paragraph (4)), rule
8E, rule 9D(1) and (4), rules 13 and 13A, rules 14 to 16, rule 17(1), rules
17A and 17B, rule 18, rules 21 (except paragraph
(4)), 21A, 21B, 21C and 21D, rules 22 to 26, rule 28A (except paragraphs
(4) and (7)), rules 32A and 32B and rules 33 to 35, shall have effect in
relation to proceedings for taxation of those costs as they have effect in
relation to proceedings for taxation of the costs of or arising out of
proceedings in the High Court. (L.N. 152 of 2008)
(2A) Where rule 22 has effect under paragraph (2), a reference to the Court of
First Instance in rule 22(9)(a) is to be construed as a reference to the
arbitrator, umpire, tribunal or other body, as the case may be. (L.N. 152 of
2008)
(3) This Order shall have effect subject to the provisions of the
District Court Ordinance ( Cap 336) and to any rules made thereunder and to
any other enactment.
(4) The powers and discretion of the Court as to costs under sections 52A and
52B of the Ordinance and under the enactments relating to the costs of
criminal proceedings to which this Order applies shall be exercised subject to
and in accordance with this Order. (L.N. 152 of 2008)
(25 of 1998 s. 2)
ENTITLEMENT TO COSTS
3. Order as to entitlement to costs (O. 62, r. 3) (L.N. 152 of 2008)
(1) Subject to the provisions of this Order, no party shall be entitled to
recover any costs of or incidental to any proceedings from any other party to
the proceedings except under an order of the Court.
(2) If the Court in the exercise of its discretion sees fit to make any order
as to the costs of or incidental to any proceedings (other than interlocutory
proceedings), the Court shall, subject to this Order, order the costs to
follow the event, except when it appears to the Court that in the
circumstances of the case some other order should be made as to the whole or
any part of the costs. (L.N. 152 of 2008)
(2A) If the Court in the exercise of its discretion sees fit to make any order
as to the costs of or incidental to any interlocutory proceedings, it may,
subject to this Order, order the costs to follow the event or make such other
order as it sees fit. (L.N. 152 of 2008)
(3) The costs of and occasioned by any amendment made without leave in the
writ of summons or any pleading shall be borne by the party making the
amendment, unless the Court otherwise orders.
(4) The costs of and occasioned by any application to extend the time fixed by
these rules, or any direction or order thereunder, for serving or filing any
document or the doing of any other act (including the costs of any order made
on the application) shall be borne by the party making the application, unless
the Court otherwise orders.
(5) If a party on whom a notice to admit facts is served under Order 27, rule
2, refuses or neglects to admit the facts within 7 days after the service on
him of the notice or such longer time as may be allowed by the Court, the
costs of proving the facts shall be paid by him, unless the Court otherwise
orders.
(6) If a party-
(a) on whom a list of documents is served in pursuance of any provision of
Order 24, or
(b) on whom a notice to admit documents is served under Order 27, rule 5,
gives notice of non-admission of any of the documents in accordance
with Order 27, rule 4(2) or 5(2) as the case may be, the costs of
proving that document shall be paid by him, unless the Court otherwise
orders.
(7) Where a defendant by notice in writing and without leave discontinues his
counterclaim against any party or withdraws any particular claim made by him
therein against any party, that party shall, unless the Court otherwise
directs, be entitled to his costs of the counterclaim or his costs occasioned
by the claim withdrawn, as the case may be, incurred to the time of receipt of
the notice of discontinuance or withdrawal.
(8) (Repealed L.N. 152 of 2008)
(9) Where any person claiming to be a creditor-
(a) seeks to establish his claim to a debt under any judgment or order in
accordance with Order 44, or
(b) comes in to prove his title, debt or claim in relation to a company in
pursuance of any such notice as is mentioned in Order 102, rule 13, he
shall, if his claim succeeds, be entitled to his costs incurred in
establishing it, unless the Court otherwise directs, and, if his claim
or any part of it fails, may be ordered to pay the costs of any person
incurred in opposing it.
(10) Where a claimant is entitled to costs under paragraph (9), the amount of
the costs shall be fixed by the Court unless it thinks fit to direct taxation,
and the amount fixed or allowed shall be added to the claimant's debt.
(11) Where a claimant (other than a person claiming to be a creditor) having
established a claim to be entitled under a judgment or order in accordance
with Order 44 has been served with notice of the judgment or order pursuant to
rule 3 or 15 of that Order, he shall, if he acknowledges service of the notice
be entitled as part of his costs of action (if allowed) to costs incurred in
establishing his claim, unless the Court otherwise directs; and where such a
claimant fails to establish his claim or any part of it he may be ordered to
pay the costs of any person incurred in opposing it.
(12) Where an application is made in accordance with Order 24, rule 7A or
Order 29, rule 7A, for an order under section 41, 42 or 44 of the Ordinance,
the person against whom the order is sought shall be entitled, unless
the Court otherwise directs, to his costs of and incidental to the application
and of complying with any order made thereon and he may, after giving the
applicant 7 days' notice of his intention to do so, tax such costs and, if
they are not paid within 4 days after taxation, sign judgment for them.
4. Stage of proceedings at which costs to be dealt with (O. 62, r. 4)
(1) Costs may be dealt with by the Court at any stage of the proceedings or
after the conclusion of the proceedings; and any order of the Court for the
payment of any costs may, if the Court thinks fit, and the person against whom
the order is made is not an assisted person, require the costs to be paid
forthwith notwithstanding that the proceedings have not been concluded.
(2) In the case of an appeal the costs of the proceedings giving rise to the
appeal, as well as the costs of the appeal and of the proceedings connected
with it, may be dealt with by the Court hearing the appeal; and in the case of
any proceedings transferred or removed to the Court of First Instance from
any other court or tribunal, the costs of the whole proceedings, both before
and after the transfer or removal, may
(subject to any order of the court or tribunal ordering the transfer or
removal) be dealt with by the Court to which the proceedings are transferred
or removed. (25 of 1998 s. 2)
(3) Where under paragraph (2) the Court makes an order as to the costs of any
proceedings before another court or tribunal, rules 28, 31 and 32 shall not
apply in relation to those costs, but, except in relation to costs of
proceedings transferred or removed from the District Court or the Lands
Tribunal, the order- (L.N. 152 of 2008)
(a) shall specify the amount of the costs to be allowed, or
(b) shall direct that the costs shall be assessed by the court or tribunal
before which the proceedings took place or taxed by an officer of that
court or tribunal, or
(c) if the order is made on appeal from the District Court or the Lands
Tribunal in relation to proceedings in that court or tribunal, may
direct that the costs shall be taxed by the taxing master. (L.N. 152
of 2008)
5. Special matters to be taken into account in exercising discretion (O. 62,
r. 5)
(1) The Court in exercising its discretion as to costs shall, to such extent,
if any, as may be appropriate in the circumstances, take into account- (L.N.
152 of 2008)
(aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of
2008)
(a) any such offer of contribution as is mentioned in Order 16, rule 10,
which is brought to its attention in pursuance of a reserved right to
do so;
(b) any payment of money into court and the amount of such payment;
(c) any written offer made under Order 33, rule 4A(2); (L.N. 152 of 2008)
(d) any written offer which is expressed to be "without prejudice
save as to costs" and which relates to any issue in the proceedings, but
the Court may not take the offer into account if, at the time it is made, the
party making it could have protected his position as to costs by means of a
sanctioned payment or a sanctioned offer under Order 22; (L.N. 152 of 2008)
(e) the conduct of all the parties; (L.N. 152 of 2008)
(f) whether a party has succeeded on part of his case, even if he has not
been wholly successful; and (L.N. 152 of 2008)
(g) any admissible offer to settle made by a party, which is drawn to
the Court's attention. (L.N. 152 of 2008)
(2) For the purpose of paragraph (1)(e), the conduct of the parties includes-
(a) whether it was reasonable for a party to raise, pursue or contest a
particular allegation or issue;
(b) the manner in which a party has pursued or defended his case or a
particular allegation or issue;
(c) whether a claimant who has succeeded in his claim, in whole or in
part, exaggerated his claim; and
(d) conduct before, as well as during, the proceedings. (L.N. 152 of 2008)
6. Restriction of discretion to order costs (O. 62, r. 6)
(1) Notwithstanding anything in this Order or in section 52A of the Ordinance-
(c) unless the Court is of opinion that there was no reasonable ground for
opposing the will, no order shall be made for the costs of the other
side to be paid by the party opposing a will in a probate action who
has given notice with his defence to the party setting up the will
that he merely insists upon the will being proved in solemn form of
law and only intends to cross-examine the witnesses produced in
support of the will.
(2) Where a person is or has been a party to any proceedings in the capacity
of trustee, personal representative or mortgagee, he shall, unless the Court
otherwise orders, be entitled to the costs of those proceedings, in so far as
they are not recovered from or paid by any other person, out of the fund held
by the trustee or personal representative or the mortgaged property, as the
case may be; and the Court may otherwise order only on the ground that the
trustee, personal representative or mortgagee has acted unreasonably or, in
the case of a trustee or personal representative, has in substance acted for
his own benefit rather than for the benefit of the fund.
6A. Costs orders in favour of
or against non-parties
(O. 62, r. 6A)
(1) Where the Court is considering whether to exercise its power under section
52A or 52B of the Ordinance to make a costs order in favour of or against a
person who is not a party to the relevant proceedings-
(a) that person must be joined as a party to the proceedings for the
purposes of costs only; and
(b) that person must be given a reasonable opportunity to attend a hearing
at which the Court shall consider the matter further.
(2) This rule does not apply where the Court is considering whether to make-
(a) a wasted costs order; or
(b) an order under section 41 or 42 of the Ordinance. (L.N. 152 of 2008)
7. Costs arising from misconduct or neglect (O. 62, r. 7)
(1) Where in any cause or matter any thing is done or omission is made
improperly or unnecessarily by or on behalf of a party, the Court may direct
that any costs to that party in respect of it shall not be allowed to him and
that any costs occasioned by it to other parties shall be paid by him to them.
(2) Without prejudice to the generality of paragraph (1), the Court shall for
the purpose of that paragraph have regard in particular to the following
matters, that is to say-
(aa) the underlying objectives set out in Order 1A, rule 1; (L.N. 152 of
2008)
(a) the omission to do any thing the doing of which would have been
calculated to save costs;
(b) the doing of any thing calculated to occasion, or in a manner or at a
time calculated to occasion, unnecessary costs;
(c) any unnecessary delay in the proceedings.
(3) The Court may, instead of giving a direction under paragraph
(1) in relation to any thing done or omission made, direct the taxing master
to inquire into it and, if it appears to him that such a direction as
aforesaid should have been given in relation to it, to act as if the
appropriate direction had been given.
(4) The taxing master shall, in relation to any thing done or omission made in
the course of taxation, have the same power to disallow or to award costs as
the Court has under paragraph (1) to direct that costs shall be disallowed to
or paid by any party. (L.N. 152 of 2008)
(5) (Repealed L.N. 152 of 2008)
8. Personal liability of legal representative
for costs-wasted costs order
(O. 62, r. 8)
(1) The Court may make a wasted costs order against a legal representative,
only if-
(a) the legal representative, whether personally or through his employee
or agent, has caused a party to incur wasted costs as defined in
section 52A(6) of the Ordinance; and
(b) it is just in all the circumstances to order the legal representative
to compensate the party for the whole or part of those costs.
(2) A wasted costs order may-
(a) disallow the costs as between the legal representative and his client;
and
(b) direct the legal representative to-
(i) repay to his client costs which the client has been ordered to
pay to other parties to the proceedings; or
(ii) indemnify other parties against costs incurred by them.
(3) The Court shall give the legal representative a reasonable opportunity to
attend a hearing to give reasons why it should not make the order.
(4) When the Court makes a wasted costs order, it shall-
(a) specify the amount to be disallowed or paid; or
(b) direct a master to decide the amount of costs to be disallowed or
paid.
(5) The Court may give directions about the procedure that should be followed
in each case in order to ensure that the issues are dealt with in a way that
is fair and is as simple and summary as the circumstances permit.
(6) The Court may direct that notice must be given to the legal
representative's client, in such manner as the Court may direct-
(a) of any proceedings under this rule; or
(b) of any order made under this rule against his legal representative.
(7) Before making a wasted costs order, the Court may direct a master to
inquire into the matter and report to the Court.
(8) The Court may refer the question of wasted costs to a master, instead of
making a wasted costs order.
(9) The Court may, if it thinks fit, direct or authorize the Official
Solicitor to attend and take part in any proceedings or inquiry under this
rule, and may make such order as it thinks fit as to the payment of his costs.
(L.N. 152 of 2008)
8A. Court may make wasted costs
order on its own motion or
on application (O. 62, r. 8A)
(1) The Court may make a wasted costs order against a legal representative on
its own motion.
(2) A party may apply for a wasted costs order-
(a) orally in the course of a hearing; or
(b) by making an interlocutory application by summons.
(3) Where a party applies for a wasted costs order by making an
interlocutory application by summons, the party shall serve the summons on-
(a) the legal representative concerned;
(b) any party represented by that legal representative; and
(c) any other person as may be directed by the Court, not less than 2
clear days before the day specified in the summons for its hearing.
(4) An application for a wasted costs order shall not be made or dealt with
until the conclusion of the proceedings to which the order relates, unless
the Court is satisfied that there is reasonable cause for the application to
be made or dealt with before the conclusion of the proceedings.
(5) Unless there are exceptional circumstances making it inappropriate to do
so, an application for a wasted costs order shall be heard by the judge or
master who conducted the proceedings to which the order relates. (L.N. 152 of
2008)
8B. Stages of considering whether
to make a wasted costs order
(O. 62, r. 8B)
(1) The Court shall consider whether to make a wasted costs order in 2 stages-
(a) in the first stage, the Court must be satisfied that-
(i) it has before it evidence or other material which, if
unanswered, would be likely to lead to a wasted costs order
being made; and
(ii) the wasted costs proceedings are justified notwithstanding the
likely costs involved; and
(b) in the second stage (even if the Court is satisfied under
sub-paragraph (a)), the Court shall consider, after giving the legal
representative an opportunity to give reasons why the Court should not
make a wasted costs order, whether it is appropriate to make the order
in accordance with rule 8.
(2) On an application for a wasted costs order, the Court may proceed to the
second stage described in paragraph (1)(b) without first adjourning the
hearing if it is satisfied that the legal representative has already had a
reasonable opportunity to give reasons why the Court should not make a
wasted costs order. In other cases the Court shall adjourn the hearing before
proceeding to the second stage.
(3) On an application for a wasted costs order, any evidence in support must
identify-
(a) what the legal representative is alleged to have done or failed to do;
and
(b) the costs that he may be ordered to pay or which are sought against
him. (L.N. 152 of 2008)
8C. Application for wasted costs
order not to be used as
means of intimidation
(O. 62, r. 8C)
(1) A party shall not by himself or by another person on his behalf threaten
another party or any of that party's legal representatives with an application
for a wasted costs order with a view to coercing or intimidating either of
them to do or refrain from doing anything.
(2) A party shall not indicate to another party or any of that party's
legal representatives that he intends to apply for a wasted costs order
unless he is satisfied that he is able to-
(a) particularize the behaviour of the legal representative from which the
wasted costs concerned are alleged to result; and
(b) identify the evidence or other materials on which he relies in support
of the allegation. (L.N. 152 of 2008)
8D. Personal liability of legal representative
for costs-supplementary provisions
(O. 62, r. 8D)
(1) Where in any proceedings before a taxing master, the legal representative
representing any party is guilty of neglect or delay or puts any other party
to any unnecessary expense in relation to those proceedings, the taxing master
may direct the legal representative personally to pay costs to any of the
parties to those proceedings.
(2) Where any legal representative fails to file a bill of costs
(with the documents required by this Order) for taxation within the time fixed
by or under this Order or otherwise delays or impedes the taxation, then,
unless the taxing master otherwise directs, the legal representative shall not
be allowed the fees to which he would otherwise be entitled for drawing the
bill of costs and for attending the taxation.
(3) If, on the taxation of costs to be paid out of a fund other than funds
provided by the Legislative Council pursuant to section 27 of the
Legal Aid Ordinance ( Cap 91), one-sixth or more of the amount of the bill for
those costs is taxed off, the legal representative whose bill it is shall not
be allowed the fees to which he would otherwise be entitled for drawing the
bill and for attending the taxation.
(4) In any proceedings in which the party by whom the fees prescribed by any
enactment relating to court fees are payable is represented by a
legal representative, if the fees or any part of the fees payable under that
enactment are not paid as prescribed, the Court may, on the application of the
Official Solicitor by summons, order the legal representative personally to-
(a) pay that amount in the manner so prescribed; and
(b) pay the costs of the Official Solicitor of the application.
(5) A legal representative shall not be directed or ordered under this rule to
pay any costs or fees, nor shall he be disallowed under this rule any fees,
unless he has been given a reasonable opportunity to give reasons why-
(a) the direction or order should not be made; or
(b) he should not be disallowed the fees.
(6) When a taxing master makes a direction under paragraph (1), he-
(a) shall specify the amount to be paid; and
(b) may give directions about the procedure that should be followed in
each case in order to ensure that the issues are dealt with in a way
that is fair and is as simple and summary as the circumstances permit.
(7) The Court or a taxing master may direct that notice must be given to the
legal representative's client, in such manner as the Court or the
taxing master may direct, of any direction or order made under this rule
against his legal representative. (L.N. 152 of 2008)
8E. Stages of considering whether
to make direction under rule
8D(1) (O. 62, r. 8E)
(1) The taxing master shall consider whether to make a direction under rule
8D(1) in 2 stages-
(a) in the first stage, the taxing master must be satisfied that-
(i) he has before him evidence or other material which, if
unanswered, would be likely to lead to a direction under rule
8D(1) being made; and
(ii) the direction is justified notwithstanding the likely costs
involved; and
(b) in the second stage (even if the taxing master is satisfied under
sub-paragraph (a)), the taxing master shall consider, after giving the
legal representative an opportunity to give reasons why the taxing
master should not make the direction, whether it is appropriate to
make the direction.
(2) On an application for a direction under rule 8D(1), the taxing master may
proceed to the second stage described in paragraph (1)(b) without first
adjourning the hearing if he is satisfied that the legal representative has
already had a reasonable opportunity to give reasons why the taxing master
should not make the direction. In other cases the taxing master shall adjourn
the hearing before proceeding to the second stage.
(3) On an application for a direction under rule 8D(1), any evidence in
support must identify-
(a) what the legal representative is alleged to have done or failed to do;
and
(b) the costs that he may be directed to pay or which are sought against
him. (L.N. 152 of 2008)
9. Taxed costs, fractional taxed costs or costs
summarily assessed for non-interlocutory
applications (O. 62, r. 9) (L.N. 152 of 2008)
(1) Subject to this order, where by or under these rules or any order or
direction of the Court costs are to be paid to any person, that person shall
be entitled to his taxed costs.
(2) Paragraph (1) shall not apply to costs which by or under any order or
direction of the Court-
(a) are to be paid to a receiver appointed by the Court of First Instance
under section 21L of the Ordinance in respect of his remuneration,
disbursements or expenses; or (25 of 1998 s. 2)
(b) are to be assessed or settled by a taxing master, but rules 28, 28A,
31 and 32 shall apply in relation to the assessment or settlement by a
taxing master of costs which are to be assessed or settled as
aforesaid as they apply in relation to the taxation of costs by a
taxing master.
(3) Where a writ in an action is endorsed in accordance with Order 6, rule
2(1)(b), and judgment is entered on failure to give notice of
intention to defend or in default of defence for the amount claimed for costs
(whether alone or together with any other amount claimed), paragraph
(1) of this rule shall not apply to those costs, but if the amount claimed for
costs as aforesaid is paid in accordance with the indorsement (or is accepted
by the plaintiff as if so paid) the defendant shall nevertheless be entitled
to have those costs taxed.
(4) The Court in awarding costs to any person may direct that, instead of
taxed costs, that person shall be entitled-
(a) to a proportion specified in the direction of the taxed costs or to
the taxed costs from or up to a stage of the proceedings so specified;
or
(b) to a sum of money summarily assessed in lieu of taxed costs. (L.N. 152
of 2008)
(5) This rule does not apply to costs of an interlocutory application. (L.N.
152 of 2008)
9A. Summary assessment of costs of
interlocutory application
(O. 62, r. 9A)
(1) Where the Court has determined an interlocutory application at any stage
of proceedings and orders a party to pay costs in respect of the
interlocutory application to any other party, it may, if it considers it
appropriate to do so but subject to rule 9C-
(a) make a summary assessment of the costs by ordering payment of a sum of
money to that other party in lieu of taxed costs;
(b) make a summary assessment of the costs by ordering payment of a sum of
money to that other party in lieu of taxed costs but subject to the
right of either party to have the costs taxed pursuant to paragraph
(2); or
(c) order that the costs be taxed in accordance with this Order.
(2) Where the Court has made an order under paragraph (1)(b), either party to
the interlocutory application is entitled to have the costs in respect of the
interlocutory application taxed in accordance with this Order.
(3) Upon taxation pursuant to paragraph (2)-
(a) if the amount of the taxed costs in respect of the
interlocutory application equals the amount paid pursuant to an order
made under paragraph (1)(b), the taxing master shall direct that no
further amount is payable in respect of the taxed costs;
(b) if the amount of the taxed costs in respect of the
interlocutory application exceeds the amount paid pursuant to an order
made under paragraph (1)(b), the taxing master may-
(i) direct the party against whom the order was made to pay the
shortfall; or
(ii) set off the shortfall against any other costs to which the
party against whom the order was made is entitled and direct
payment of any balance; and
(c) if the amount paid pursuant to an order made under paragraph
(1)(b) exceeds the amount of the taxed costs in respect of the
interlocutory application, the taxing master may-
(i) direct the party in whose favour the order was made to pay the
difference; or
(ii) set off the difference against any other costs to which the
party in whose favour the order was made is entitled and direct
payment of any balance.
(4) Where-
(a) the amount paid pursuant to an order made under paragraph
(1)(b) equals or exceeds the amount of the taxed costs in respect of the
interlocutory application; or
(b) the taxed costs in respect of the interlocutory application do not
materially exceed the amount paid pursuant to an order made under
paragraph (1)(b), the taxing master may make such order as to the
costs of the taxation or such other order as he considers appropriate.
(5) In determining whether the taxed costs materially exceed the amount paid
pursuant to an order made under paragraph (1)(b), the taxing master shall, in
addition to any other matter that he may consider relevant, have regard to-
(a) the amount by which the taxed costs exceed the amount paid pursuant to
the order made under paragraph (1)(b); and
(b) whether the exceeded amount is disproportionate to the costs of the
taxation. (L.N. 152 of 2008)
9B. Time for complying with direction
or order for summary assessment
(O. 62, r. 9B)
(1) A party shall comply with a direction or order under rule 9(4)(b) or
9A(1)(a) or (b) for payment of a sum of money-
(a) within 14 days of the date of the direction or order; or
(b) by such date as the Court may specify.
(2) Paragraph (1) does not apply if the party is an aided person. (L.N. 152 of
2008)
9C. When summary assessment not allowed
(O. 62, r. 9C)
(1) No direction or order may be made under rule 9(4)(b) or 9A(1)(a) or (b)
for the payment of a sum of money if-
(a) the paying party shows substantial grounds for disputing the sum
claimed for costs that cannot be dealt with summarily;
(b) the receiving party is an aided person, and the legal representative
acting for the receiving party has not waived the right to any further
sum of money in respect of the costs of the interlocutory
application; or
(c) the receiving party is a person under disability as defined in Order
80, rule 1, and the legal representative (or the next friend or
guardian ad litem) acting for the person under disability has not
waived the right to any further sum of money in respect of the costs
of the interlocutory application.
(2) In this rule-
"paying party" (支付方) means the party against whom a direction or order
under rule 9(4)(b) or 9A(1)(a) or (b) is made;
"receiving party" (收取方) means the party in whose favour a direction or
order under rule 9(4)(b) or 9A(1)(a) or (b) is made. (L.N. 152 of 2008)
9D. When to tax costs
(O. 62, r. 9D)
(1) Subject to paragraphs (2) and (4), the costs of any proceedings shall not
be taxed until the conclusion of the action.
(2) If it appears to the Court when making a costs order that all or any part
of the costs ought to be taxed at an earlier stage it may order accordingly.
(3) No order may be made under paragraph (2) in a case where the person
against whom the costs order is made is an aided person.
(4) Where it appears to a taxing master that there is no likelihood of any
further order being made in a cause or matter, he may order the person
entitled to payment of the costs of any interlocutory proceedings which have
taken place to commence taxation proceedings in accordance with rule 21. (L.N.
152 of 2008)
10. When a party may sign judgment for costs without an order (O. 62, r. 10)
(1) Where a plaintiff by notice in writing and without leave either wholly
discontinues his action against any defendant or withdraws any particular
claim made or question raised by him therein as against any defendant, the
defendant may tax his costs of the action or his costs occasioned by the
matter withdrawn, as the case may be, and, if the taxed costs are not paid
within 4 days after taxation, may sign judgment for them. (See App. A, Form
50)
(2)-(4) (Repealed L.N. 152 of 2008)
(5) In the circumstances mentioned in this rule, Order 22, rules 20 and 21 and
Order 25, rule 1C(6) an order for costs shall be deemed to have been made to
the effect described and, for the purposes of section 49 of the Ordinance, the
order shall be deemed to have been entered up on the date on which the event
which gave rise to the entitlement to costs occurred. (L.N. 403 of 1992; L.N.
152 of 2008)
11. When order for taxation of costs not required (O. 62, r. 11)
(1) Where an action, petition or summons is dismissed with costs, or a motion
is refused with costs, or an order of the Court directs the payment of any
costs, or any party is entitled under rule 10 to tax his costs, no order
directing the taxation of those costs need be made.
(2) Where a summons is taken out to set aside with costs any proceeding on the
ground of irregularity and the summons is dismissed but no direction is given
as to costs, the summons is to be taken as having been dismissed with costs.
11A. Commencement of costs-only
proceedings (O. 62, r. 11A)
(1) Proceedings under section 52B(2) of the Ordinance may be commenced by
originating summons in Form No. 10 in Appendix A.
(2) The originating summons must be accompanied by-
(a) an affidavit exhibiting the agreement referred to in section 52B(1) of
the Ordinance; and
(b) the plaintiff 's bill of costs or statement of costs.
(3) An acknowledgment of service of the originating summons must be in Form
No. 15A in Appendix A.
(4) A master may make a summary assessment of or an order for taxation of the
costs that are the subject matter of the proceedings commenced in accordance
with paragraph (1).
(5) Orders 13A, 22 and 27 and Order 28, rules 1A, 4(3) to (5) and 7 to 9 do
not apply in relation to the proceedings commenced in accordance with
paragraph (1) unless otherwise directed by the Court. (L.N. 152 of 2008)
POWERS OF TAXING OFFICERS
12. Powers of taxing masters to tax costs (O. 62, r. 12)
(1) A taxing master shall have power to tax-
(a) the costs of or incidental to any proceedings in the High Court; (25
of 1998 s. 2; L.N. 152 of 2008)
(aa) the costs that are the subject matter of the proceedings commenced in
accordance with rule 11A(1); (L.N. 152 of 2008)
(b) the costs directed by an award made on a reference to arbitration
under any enactment or pursuant to an arbitration agreement to be
paid; and
(c) any other costs the taxation of which is directed by an order of
the Court.
13. Powers of certain judicial clerks to tax costs (O. 62, r. 13)
(HK)(1) A Chief Judicial Clerk shall have power to transact all such business
and exercise all such authority as under rule 21B of this Order may be
transacted and exercised by the taxing master and to issue a certificate for
any costs taxed by him.
(1A) Paragraph (1) only applies if the amount of the bill of costs does not
exceed the sum of $200000. (L.N. 152 of 2008)
(2) Paragraph (1) shall not be taken as empowering a Chief Judicial Clerk to
tax any costs the taxation of which is set down for hearing under rule 21B(4)
or 21C(1).
(3) In exercising the powers conferred on him by this Order, a Chief Judicial
Clerk shall comply with any directions given to him by a taxing master. (L.N.
343 of 1989; L.N. 152 of 2008)
13A. Taxing master may give directions
(O. 62, r. 13A)
(1) A taxing master may give directions-
(a) for the just and expeditious disposal of the taxation of a bill of
costs; and
(b) for saving the costs of taxation.
(2) Without limiting the generality of paragraph (1), a taxing master may
give directions as to-
(a) the form and contents of a bill of costs;
(b) the filing of papers and vouchers;
(c) the manner in which-
(i) any objections to a bill of costs may be raised; and
(ii) any reply to those objections may be made; and
(d) the steps to be taken or things to be done at any stage of the
taxation proceedings. (L.N. 152 of 2008)
14. Supplementary powers of taxing masters (O. 62, r. 14)
A taxing master may, in the discharge of his functions with respect to the
taxation of costs-
(a) take an account of any dealing in money made in connection with the
payment of the costs being taxed, if the Court so directs;
(b) require any party represented jointly with any other party in any
proceedings before him to be separately represented;
(c) examine any witness in those proceedings;
(d) direct the production of any document which may be relevant in
connection with those proceedings;
(e) correct any clerical mistake in any certificate or order, or any error
arising therein from any accidental slip or omission.
15. Disposal of business by one taxing master for another (O. 62, r. 15)
(1) If, apart from this paragraph, a taxing master has power to tax any costs,
the taxation of which has been assigned to some other taxing master, he may
tax those costs and if, apart from this paragraph, he has power to issue a
certificate for the taxed costs he shall issue a certificate for them.
(2) Any taxing master may assist any other taxing master in the taxation of
any costs the taxation of which has been assigned to that other officer.
(3) On an application in that behalf made by a party to any cause or matter, a
taxing master may, and if the circumstances require it shall, hear and dispose
of any application in the cause or matter on behalf of the taxing master by
whom the application would otherwise be heard.
16. Extension etc., of time (O. 62, r. 16)
(1) A taxing master may-
(a) extend the period within which a party is required by or under this
Order to begin proceedings for taxation or to do anything in or in
connection with proceedings before that master;
(b) extend the period provided by rule 33(2) beyond the signing of the
taxing officer's certificate by setting the certificate aside;
(c) where no period is specified by or under this Order or by the Court
for the doing of anything in or in connection with such proceedings,
specify the period within which the thing is to be done.
(2) Where an order of the Court specifies a period within which anything is to
be done by or before a taxing master, then unless the Court otherwise directs,
the taxing master may from time to time extend the period so specified on such
terms (if any) as he thinks just.
(3) A taxing master may extend any such period as is referred to in the
foregoing provisions of this rule although the application for extension is
not made until after the expiration of that period.
17. Interim certificates (O. 62, r. 17)
(1) A taxing master may from time to time in the course of the taxation of any
costs by him issue an interim certificate for any part of those costs which
has been taxed.
(2) If, in the course of the taxation of a solicitor's bill to his own client,
it appears to the taxing master that in any event the solicitor will be liable
in connection with that bill to pay money to the client, he may from time to
time issue an interim certificate specifying an amount which in his opinion is
payable by the solicitor to his client.
(3) On the filing of a certificate issued under paragraph (2), the Court may
order the amount specified therein to be paid forthwith to the client or into
court.
17A. Final certificate (O. 62, r. 17A)
(1) A taxing master shall, after the conclusion of taxation proceedings before
him, issue a final certificate specifying the amount of taxed costs and the
amount of money payable under rule 32B.
(2) A taxing master shall not issue a final certificate unless the period
within which an application for review of his decision may be made under rule
33(2) has expired.
(3) A taxing master may set aside a final certificate for good reasons and on
such terms as he thinks fit. (L.N. 152 of 2008)
17B. Taxing master may set aside his
own decision (O. 62, r. 17B)
If a party entitled to be heard on taxation fails to raise any objection to a
bill of costs or to appear at a hearing set down under rule 21B(4) or 21C(1),
a decision of a taxing master made against that party may be set aside or
varied by the taxing master for good reasons and on such terms as he thinks
fit. (L.N. 152 of 2008)
18. Power of taxing master where party liable to be paid and to pay costs (O.
62, r. 18)
Where a party entitled to be paid costs is also liable to pay costs, the
taxing master may-
(a) tax the costs which that party is liable to pay and set off the amount
allowed against the amount he is entitled to be paid and direct
payment of any balance, or
(b) delay the issue of a certificate for the costs he is entitled to be
paid until he has paid or tendered the amount he is liable to pay.
19. Taxation of bill of costs comprised in account (O. 62, r. 19)
(1) Where the Court directs an account to be taken and the account consists in
part of a bill of costs, the Court may direct a taxing master to tax those
costs and the taxing master shall tax the costs in accordance with the
direction and shall return the bill of costs, after taxation thereof, together
with his report thereon to the Court.
(2) A taxing master taxing a bill of costs in accordance with a direction
under this rule shall have the same powers, and the same fees shall be payable
in connection with the taxation, as if an order for taxation of the costs had
been made by the Court.
PROCEDURE ON TAXATION
21. Mode of commencing proceedings for taxation (O. 62, r. 21)
(1) A party entitled to payment of the costs of any action to be taxed may
commence proceedings for the taxation of those costs by filing in the Court-
(a) a notice of commencement of taxation; and
(b) his bill of costs.
(2) The party shall serve a copy of the notice of commencement of taxation and
of the bill of costs on every other party entitled to be heard on taxation
within 7 days after the notice and the bill of costs were filed in the Court.
(3) The Court may give directions as to the service of a copy of the notice of
commencement of taxation and of the bill of costs on any other person who may
have a financial interest in the outcome of the taxation.
(4) It is not necessary for a copy of the notice of commencement of taxation
or of the bill of costs to be served on any party who has not acknowledged
service in the proceedings which gave rise to the taxation, except where-
(a) an order for the taxation of the bill of costs of a solicitor is made
under section 67 of the Legal Practitioners Ordinance ( Cap 159) at
the instance of the solicitor; or
(b) the Court otherwise orders.
(5) A party shall, when he files a notice of commencement of taxation, pay to
the Court a prescribed taxing fee.
(6) A person who has been served with a copy of the notice of commencement of
taxation and of the bill of costs pursuant to paragraph
(3) shall, within 7 days of the service, give notice in writing to the
taxing master and all other parties entitled to be heard on taxation, stating-
(a) his financial interest in the outcome of the taxation; and
(b) whether he intends to take part in the taxation proceedings.
(7) A person who fails to comply with paragraph (6) is not entitled to-
(a) receive from the Registrar or from any other party entitled to
be heard on taxation any notice, application or other document
relating to the taxation; and
(b) take part in the taxation proceedings. (L.N. 152 of 2008)
21A. Application for taxation to be
set down (O. 62, r. 21A)
(1) Upon compliance with the directions given by a taxing master under rule
13A relating to the steps to be taken or things to be done before the taxation
is set down, the party who has commenced taxation proceedings under rule 21
may apply to the taxing master for setting down the taxation.
(2) The party shall, within 7 days after making an application under paragraph
(1), serve a copy of the application on every other party entitled to be heard
on taxation.
(3) A taxing master may refuse to proceed with taxation if he is of the
opinion that any direction referred to in paragraph (1) has not been complied
with. (L.N. 152 of 2008)
21B. Provisional taxation (O. 62, r. 21B)
(1) Unless the taxation is set down for hearing under rule 21C(1), the
taxing master may-
(a) tax the bill of costs without a hearing; and
(b) make an order nisi as to-
(i) the amount which he allows in respect of the whole or part of
the bill of costs; and
(ii) the costs of the taxation.
(2) Where the taxing master has taxed the bill of costs without a hearing and
made an order nisi under paragraph (1), the party who has applied for setting
down the taxation under rule 21A(1) shall serve a copy of the order nisi on
every other party entitled to be heard on taxation.
(3) The order nisi becomes absolute 14 days after it is made unless a
party entitled to be heard on taxation applies to the taxing master within the
14-day period for a hearing.
(4) The taxing master shall set down the taxation for hearing upon application
made by a party under paragraph (3) and that party shall serve a notice of the
hearing on every other party entitled to be heard on taxation.
(5) The taxing master may order that party to pay any costs of the hearing if
the taxed costs do not materially exceed the amount allowed under paragraph
(1)(b)(i).
(6) In determining whether the taxed costs materially exceed the amount
allowed under paragraph (1)(b)(i), the taxing master shall, in addition to any
other matter that he may consider relevant, have regard to-
(a) the amount by which the costs taxed at the hearing exceed the amount
allowed under paragraph (1)(b)(i); and
(b) whether the exceeded amount is disproportionate to the costs of the
hearing. (L.N. 152 of 2008)
21C. Taxation with a hearing
(O. 62, r. 21C)
(1) Where the taxing master is satisfied that there is a good reason to do so,
he may, either of his own motion or on application by a
party entitled to be heard on taxation, set down for hearing the taxation of
the whole or part of the bill of costs.
(2) Upon notification by the taxing master of the date of hearing, the party
who applied for setting down shall serve a notice of the hearing on
every other party entitled to be heard on taxation within 7 days after the
notification. (L.N. 152 of 2008)
21D. Withdrawal of bill of costs
(O. 62, r. 21D)
(1) A party who has filed a bill of costs shall pay the prescribed fee to
the Court if he withdraws the bill of costs within 7 days after his
application to the taxing master for setting down the taxation under rule
21A(1) is made.
(2) The Court shall deduct the fee payable under paragraph (1) from the amount
paid under rule 21(5) and refund the balance to the party.
(3) The party is not entitled to any refund of the balance of the amount paid
under rule 21(5) except-
(a) under paragraph (2); or
(b) where the Court otherwise directs. (L.N. 152 of 2008)
22. Delay in service of notice of
commencement of taxation
or in proceeding with
taxation (O. 62, r. 22)
(1) If, within 3 months after the completion date, the person entitled to
payment of costs has neither-
(a) agreed the amount of those costs with the person liable to pay them;
nor
(b) served upon such person a copy of a notice of commencement of taxation
in accordance with rule 21(2), the taxing master, on the application
of the person liable to pay such costs and on not less than 7 days'
notice to the person entitled to payment of those costs, may make an
order under paragraph (3).
(2) If, after the proceedings for the taxation of a bill of costs have
commenced in accordance with rule 21(1), the person entitled to payment of
costs has neither-
(a) agreed the amount of those costs with the person liable to pay them;
nor
(b) proceeded with the taxation, the taxing master, on the application of
the person liable to pay such costs and on not less than 7 days'
notice to the person entitled to payment of those costs, may make an
order under paragraph (3).
(3) The taxing master-
(a) may order that the person entitled to payment of the costs must
commence taxation proceedings in accordance with rule 21 or proceed
with the taxation, within such period as may be specified in the
order; and
(b) may further order that that person shall not be entitled to commence
those taxation proceedings or proceed with the taxation unless the
person does commence those taxation proceedings or proceed with the
taxation within the specified period or such extended period as may be
allowed by the taxing master.
(4) The taxing master may make an order under paragraph (3) subject to such
conditions as he thinks fit, including a condition that the person liable to
pay the costs to be taxed shall pay a sum of money into court.
(5) On the taxation of a bill of costs, whether or not an order has been made
under paragraph (3), the taxing master, if he is satisfied that there has been
undue delay in commencing taxation proceedings or in proceeding with the
taxation-
(a) may make such order as he thinks fit as to the costs of any
application or as to the costs of the taxation;
(b) may disallow any part of the costs to be taxed pursuant to the costs
order; and
(c) may, in relation to the taxed costs or any part of those costs,
disallow interest or reduce the period for which interest is payable
or the rate at which interest is payable.
(6) Where a party entitled to payment of costs fails to proceed with taxation
after filing the notice of commencement of taxation under rule 21(1), the
taxing master in order to prevent any other parties being prejudiced by that
failure, may-
(a) allow the party so entitled a nominal or other sum for costs; or
(b) certify the failure and the costs of the other parties.
(7) A party is not entitled to commence taxation proceedings under rule 21-
(a) after the expiry of 2 years from the completion date; or
(b) where the Court has extended the period specified in sub-paragraph
(a), after the expiry of the period as extended, whichever is the
later.
(8) Where the completion date is before the commencement of this
rule, paragraph (7)(a) has effect as if for the words "completion date",
there were substituted the words "commencement of this rule".
(9) In this rule, "completion date" (完結日期) means-
(a) in relation to a costs order made by the Court of First Instance-
(i) the date of the judgment or order of the Court of First
Instance which disposes of the action;
(ii) the date on which the Court of First Instance makes the costs
order, or if the order is an order nisi, the date on which the
order is made absolute or varied (as the case may be);
(iii) the date on which the taxing master orders under rule 9D(4) the
person entitled to payment of the costs of any interlocutory
proceedings in the Court of First Instance to commence taxation
proceedings; or
(iv) where the person entitled to payment of costs is entitled to
tax those costs without an order of the Court of First Instance
directing the taxation of them, the date on which he becomes
entitled to tax those costs, whichever is the later; and
(b) in relation to a costs order made by the Court of Appeal-
(i) the date of the judgment or order of the Court of Appeal which
disposes of the appeal;
(ii) the date on which the Court of Appeal makes the costs order, or
if the order is an order nisi, the date on which the order is
made absolute or varied (as the case may be);
(iii) the date on which the taxing master orders under rule 9D(4) the
person entitled to payment of the costs of any interlocutory
proceedings in the Court of Appeal to commence taxation
proceedings; or
(iv) where the person entitled to payment of costs is entitled to
tax those costs without an order of the Court of Appeal
directing the taxation of them, the date on which he becomes
entitled to tax those costs, whichever is the later. (L.N. 152
of 2008)
23. (Repealed L.N. 152 of 2008)
24. Taxation (O. 62, r. 24)
(1) The taxing master may proceed to taxation of a bill of costs under rule
21B(1) notwithstanding that a party entitled to be heard on taxation has
failed to comply with any direction given by him relating to the steps to be
taken or things to be done before the taxation proceeds under rule 21B, if the
taxing master is satisfied that a copy of the notice of commencement of
taxation and of the bill of costs were duly served in accordance with rule
21(2) on the party.
(2) If, at the date and time of a hearing under rule 21B(4) or 21C(2), a
party entitled to be heard on taxation does not appear before the
taxing master in person or by his representative, the taxing master may
proceed to taxation of the bill of costs in the absence of the party or of his
representative, if the taxing master is satisfied that the party has been
served with a notice of the hearing in accordance with rule 21B(4) or 21C(2),
or has been otherwise informed of the hearing.
(3) If the taxing master is not so satisfied, he-
(a) must adjourn the hearing for such period as he may consider necessary
to enable service of the notice of the adjourned hearing or of the
bill of costs or both to be effected on the party; and
(b) may make such order as he may consider appropriate in relation to
costs thrown away by the adjournment. (L.N. 152 of 2008)
25. (Repealed L.N. 152 of 2008)
26. Power to adjourn (O. 62, r. 26)
(1) The taxing master by whom any taxation proceedings are being conducted
may, if he thinks it necessary to do so, adjourn those proceedings from time
to time. (L.N. 152 of 2008)
(2) If the taxation proceedings are adjourned because a party has failed to
comply with any directions given under rule 13A, the taxing master may make
such order as he may consider appropriate in relation to costs thrown away by
the adjournment. (L.N. 152 of 2008)
27. Powers of taxing master taxing costs payable out of fund (O. 62, r. 27)
(1) Where any costs are to be paid out of a fund the taxing master may give
directions as to the parties who are entitled to attend on the taxation of
those costs and may disallow the costs of attendance of any party not entitled
to attend by virtue of the directions and whose attendance he considers
unnecessary.
(2) Where the Court has directed that a bill of costs be taxed for the purpose
of being paid out of a fund the taxing master by whom the bill is being taxed
may, if he thinks fit, adjourn the taxation for a reasonable period and direct
the party whose bill it is to send to any person having an interest in the
fund a copy of the bill, or of any part thereof, free of charge together with
a letter containing the following information, that is to say- (L.N. 126 of
1995)
(a) that the bill of costs, a copy of which or of part of which is sent
with the letter, has been referred to a taxing master for taxation;
(b) the name of the taxing master and the address of the office at which
the taxation is proceeding;
(c) the time appointed by the taxing master at which the taxation will be
continued; and
(d) such other information, if any, as the taxing master may direct.
BASES AND SCALES FOR TAXATION AND ASSESSMENT OF COSTS (L.N. 152 of 2008)
28. Costs payable to one party by another or out of a fund (O. 62, r. 28)
(1) This rule applies to costs which by or under these rules or any order or
direction of the Court are to be paid to a party to any proceedings either by
another party to those proceedings or out of any fund (other than a fund which
the party to whom the costs are to be paid holds as trustee or personal
representative).
(2) Subject to the following provisions of this rule, costs to which this rule
applies shall be taxed on the party and party basis, and on a taxation on that
basis there shall be allowed all such costs as were necessary or proper for
the attainment of justice or for enforcing or defending the rights of the
party whose costs are being taxed.
(3) The Court in awarding costs to which this rule applies may in any case in
which it thinks fit to do so order or direct that the costs shall be taxed on
the common fund basis or on the indemnity basis. (L.N. 125 of 1991)
(4) On a taxation on the common fund basis, being a more generous basis than
that provided for by paragraph (2), there shall be allowed a reasonable amount
in respect of all costs reasonably incurred, and paragraph (2) shall not
apply; and accordingly in all cases where costs are to be taxed on the common
fund basis the ordinary rules applicable on a taxation as between solicitor
and client where the costs are to be paid out of a common fund in which the
client and others are interested shall be applied, whether or not the costs
are in fact to be so paid.
(4A) On a taxation on the indemnity basis all costs shall be allowed except
insofar as they are of an unreasonable amount or have been unreasonably
incurred and any doubts which the taxing master may have as to whether the
costs were reasonably incurred or were reasonable in amount shall be resolved
in favour of the receiving party; and in these rules the
term "the indemnity basis" (彌償基準) in relation to the taxation of costs
shall be construed accordingly. (L.N. 125 of 1991)
(5) The Court in awarding costs to which this rule applies to any person may
if it thinks fit and if-
(a) the costs are to be paid out of a fund, or
(b) the person to whom the costs are to be paid is or was a party to the
proceedings in the capacity of trustee or personal representative,
order or direct that the costs shall be taxed as if that person were a
trustee of the fund or as if the costs were to be paid out of a fund
held by that person, as the case may be, and where the Court so orders
or directs rule 31(2) shall have effect in relation to the taxation in
substitution for paragraph (2) of this rule.
(6) The foregoing provisions of this rule shall be without prejudice to the
powers of the Court under section 44A of the District Court Ordinance (
Cap 336). (L.N. 152 of 2008)
28A. Costs of a litigant in person (O. 62, r. 28A)
(1) On a taxation of the costs of a litigant in person there may, subject to
the provisions of this rule, be allowed such costs as would have been allowed
if the work and disbursements to which the costs relate had been done or made
by a solicitor on the litigant's behalf.
(2) The amount allowed in respect of any item shall be such sum as the
taxing master thinks fit not exceeding, except in the case of a disbursement,
two-thirds of the sum which in the opinion of the taxing master would have
been allowed in respect of that item if the litigant had been represented by a
solicitor.
(3) Where in the opinion of the taxing master the litigant has not suffered
any pecuniary loss in doing any work to which the costs relate, he shall not
be allowed in respect of the time reasonably spent by him on the work more
than $200 an hour.
(4) A litigant who is allowed costs in respect of attending court to conduct
his own case shall not be entitled to a witness allowance in addition.
(5) Nothing in Order 6, rule 2(1)(b), or rule 32(4) of this Order or the
Second Schedule to this Order shall, unless otherwise specified therein, apply
to the costs of a litigant in person. (L.N. 152 of 2008)
(6) For the purposes of this rule a litigant in person does not include a
litigant who is a practising solicitor but includes a company or other
corporation which is acting without a legal representative. (L.N. 152 of 2008)
(7) This rule applies, with the necessary modifications, to a summary
assessment under rules 9(4)(b), 9A(1)(a) and (b) and 11A(4), as it applies to
the taxation of the costs of a litigant in person, if the party entitled to
the sum is a litigant in person. (L.N. 152 of 2008)
29. Costs payable to a solicitor by his own client (O. 62, r. 29)
(1) On the taxation of a solicitor's bill to his own client (except a bill to
be paid out of funds provided by the Legislative Council pursuant to
section 27 of the Legal Aid Ordinance ( Cap 91), or a bill with respect to
non-contentious business) all costs shall be allowed except in so far as they
are of an unreasonable amount or have been unreasonably incurred.
(2) For the purposes of paragraph (1), all costs incurred with the express or
implied approval of the client shall, subject to paragraph (3), be
conclusively presumed to have been reasonably incurred and, where the amount
thereof has been expressly or impliedly approved by the client, to have been
reasonable in amount.
(3) For the purposes of paragraph (1), any costs which in the circumstances of
the case are of an unusual nature and such that they would not be allowed on a
taxation of costs in a case to which rule 28(2) applies, shall, unless the
solicitor expressly informed his client before they were incurred that they
might not be so allowed, be presumed, until the contrary is shown, to have
been unreasonably incurred.
(4) In paragraphs (2) and (3), the references to the client shall be
construed-
(a) if the client was at the material time a mentally disordered person
within the meaning of the Mental Health Ordinance ( Cap 136) and
represented by a person acting as guardian ad litem or next friend, as
references to that person acting, where necessary, with the authority
of the Court;
(b) if the client was at the material time a minor and represented by a
person acting as guardian ad litem or next friend, as references to
that person.
30. Costs payable to solicitor where money recovered by or on behalf of
infant, etc. (O. 62, r. 30)
(1) This rule applies to-
(a) any proceedings in which money is claimed or recovered by or on behalf
of, or adjudged or ordered or agreed to be paid to, or for the benefit
of, a person who is a minor or a mentally disordered person within the
meaning of the Mental Health Ordinance ( Cap 136) or in which money
paid into court is accepted by or on behalf of such a person; and
(b) any proceedings under the Fatal Accidents Ordinance ( Cap 22), in
which money is recovered by or on behalf of, or adjudged or ordered or
agreed to be paid to, or for the benefit of, the widow of the person
whose death gave rise to the proceedings in satisfaction of a claim
under the said Ordinance or in which money paid into court is accepted
by her or on her behalf in satisfaction of such a claim, if the
proceedings were for the benefit also of a person who, when the money
is recovered, or adjudged or ordered or agreed to be paid, or
accepted, is a minor; and
(c) any proceedings in the Court of Appeal on an application or appeal
made in connection with any such proceedings to which this rule
applies by virtue of the foregoing provisions of this paragraph.
(2) Unless the Court otherwise directs the costs payable to his solicitor by
any plaintiff in any proceedings to which this rule applies by virtue of
paragraph (1)(a) or (b), being the costs of those proceedings or incident to
the claim therein or consequent thereon, shall be taxed under rule 29; and no
costs shall be payable to the solicitor of any plaintiff in respect of those
proceedings, except such amount of costs as may be certified in accordance
with this rule on the taxation under rule 29 of the solicitor's bill to that
plaintiff.
(3) On the taxation under rule 29 of a solicitor's bill to any plaintiff in
any proceedings to which this rule applies by virtue of paragraph (1)(a) or
(b) who is his own client, the taxing master shall also tax any costs payable
to that plaintiff in those proceedings and shall certify-
(a) the amount allowed on the taxation under rule 29, the amount allowed
on that taxation of any costs payable to the plaintiff in those
proceedings and the amount (if any), by which the first-mentioned
amount exceeds the other, and
(b) where necessary, the proportion of the amount of the excess payable
respectively by, or out of money belonging to, any party to the
proceedings who is a minor or a mentally disordered person within the
meaning of the Mental Health Ordinance ( Cap 136) or the widow of the
man whose death gave rise to the proceedings and any other party.
(4) Paragraphs (2) and (3) shall apply in relation to any proceedings to which
this rule applies by virtue of paragraph (1)(c) as if for references to a
plaintiff there were substituted references to the party, whether appellant or
respondent, who was the plaintiff in the proceedings which gave rise to the
first-mentioned proceedings.
(5) Nothing in the foregoing provisions of this rule shall prejudice a
solicitor's lien for costs.
(6) Where in any proceedings to which this rule applies directions given by
the Court under Order 80, rule 12 provide for the transfer or payment of money
to or into a District Court and for the payment to the solicitor of any
plaintiff in the proceedings of an amount in respect of costs out of the money
so transferred or paid, the taxing master by whom those costs are taxed shall
send a copy of his certificate to the registrar of the District Court.
(7) The foregoing provisions of this rule shall apply in relation to-
(a) a counterclaim by or on behalf of a person who is a minor or a
mentally disordered person within the meaning of the Mental Health
Ordinance ( Cap 136) and a counterclaim consisting of or including a
claim under the Fatal Accidents Ordinance ( Cap 22) by or on behalf of
the widow of the man whose death gave rise to the claim; and
(b) a claim made by or on behalf of a person who is a minor or a
mentally disordered person as aforesaid in an action by any other
person for relief under section 504 of the Merchant Shipping Act, 1894
(1894 c. 60 U.K.)#, and a claim consisting of or including a claim
under the Fatal Accidents Ordinance ( Cap 22) made by or on behalf of
that widow in such an action, as if for references to a plaintiff
there were substituted references to a defendant.
31. Costs payable to a trustee out of the trust funds, etc. (O. 62, r. 31)
(1) This rule applies to every taxation of the costs which a person who is or
has been a party to any proceedings in the capacity of trustee or personal
representative is entitled to be paid out of any fund which he holds in that
capacity.
(2) On any taxation to which this rule applies, no costs shall be disallowed
except in so far as those costs or any part of their amount should not, in
accordance with the duty of the trustee or personal representative as such,
have been incurred or paid, and should for that reason be borne by him
personally.
32. Scales of costs (O. 62, r. 32)
(1) Subject to the foregoing rules and the following provisions of this rule,
the scale of costs contained in the First Schedule of this Order, together
with the notes and general provisions contained in that Schedule, shall apply
to the taxation of all costs incurred in relation to contentious business done
after the commencement of these rules.
(2) On a taxation in relation to which rule 29 or rule 31(2) has effect and in
other special cases costs may at the discretion of the taxing master be
allowed-
(a) in relation to items not mentioned in the said scale; or
(b) of an amount higher than that prescribed by the said scale.
(3) Where the amount of a solicitor's remuneration in respect of
non-contentious business connected with sales, purchases, leases, mortgages
and other matters of conveyancing or in respect of any other
non-contentious business is regulated (in the absence of agreement to the
contrary) by any rules for the time being in force under the Legal
Practitioners Ordinance ( Cap 159), the amount of the costs to be allowed on
taxation in respect of the like contentious business shall be the same,
notwithstanding anything in the scale contained in the First Schedule. (L.N.
152 of 2008)
(4) Notwithstanding paragraph (1), costs shall, unless the Court otherwise
orders, be allowed in the cases to which the Second Schedule to this Order
applies in accordance with the provisions of that Schedule.
32A. Liability for costs of taxation
(O. 62, r. 32A)
(1) A party entitled to payment of any costs to be taxed is also entitled to
his costs of the taxation except where-
(a) any Ordinance, any of these rules or any relevant practice direction
provides otherwise; or
(b) the Court makes some other order in relation to all or part of the
costs of the taxation.
(2) In deciding whether to make some other order, the Court shall have regard
to the underlying objectives set out in Order 1A, rule 1 and all the
circumstances, including-
(a) the conduct of all the parties in relation to the taxation;
(b) the amount, if any, by which the bill of costs has been reduced; and
(c) whether it was reasonable for a party to claim the costs of a
particular item or to dispute that item. (L.N. 152 of 2008)
32B. Reimbursement for taxing fees
(O. 62, r. 32B)
Upon the issue of a final certificate under rule 17A, the party liable to pay
costs shall pay to the party entitled to payment of the costs an amount of
money equivalent to the prescribed taxing fee calculated on the basis of the
amount of costs allowed. (L.N. 152 of 2008)
32C. Court's powers in relation to
misconduct (O. 62, r. 32C)
(1) The Court may make an order under this rule where-
(a) a party or his legal representative, in connection with a summary
assessment or taxation of costs, fails to comply with a rule,
practice direction or an order of the Court; or
(b) it appears to the Court that the conduct of a party or his
legal representative, before or during the proceedings which gave rise
to the summary assessment or taxation, was unreasonable or improper.
(2) For the purpose of paragraph (1), the conduct of a party or his
legal representative does not include any conduct before the commencement of
the action.
(3) Where paragraph (1) applies, the Court may-
(a) by order disallow all or part of the costs being summarily assessed or
taxed; or
(b) order the party at fault or his legal representative, to pay costs
that he has caused any other party to incur.
(4) Where-
(a) the Court makes an order under paragraph (3) against a legally
represented party; and
(b) the party is not present when the order is made, the party's solicitor
shall notify his client in writing of the order not later than 7 days
after the solicitor receives notice of the order and shall inform
the Court in writing that he has done so.
(5) In this rule, "client" (當事人 ) includes a person on whose behalf the
solicitor acts and any other person who has instructed the solicitor to act or
who is liable to pay the solicitor's costs. (L.N. 152 of 2008)
REVIEW
33. Application to taxing master for review (O. 62, r. 33)
(1) Any party to any taxation proceedings who is dissatisfied with the
allowance or disallowance in whole or in part of any item by a taxing master,
or with the amount allowed by a taxing master in respect of any item- (L.N.
152 of 2008)
(a) may apply to the taxing master to review his decision in respect of
that item; and
(b) may not apply to a judge for an order to review the decision until
after its review by the taxing master. (L.N. 152 of 2008)
(2) An application under this rule for review of a taxing master's decision
may be made at any time within 14 days after the conclusion of the taxation in
which that decision was made or such shorter period as may be fixed by the
taxing master: Provided that no application under this rule for review of a
decision in respect of any item may be made after the signing of the
taxing master's final certificate dealing with that item. (L.N. 152 of 2008)
(3A) If an applicant fails to comply with paragraph (3), the taxing master
may dismiss the application. (L.N. 152 of 2008)
(3) Every applicant for review under this rule must at the time of making his
application deliver to the taxing master objections in writing specifying by a
list the items or parts of items the allowance or disallowance of which or the
amount allowed in respect of which, is objected to and stating concisely the
nature and grounds of the objection in each case, and must deliver a copy of
the objections to each other party (if any) who attended on the taxation of
those items or to whom the taxing master directs that a copy of the objections
shall be delivered.
(4) Any party to whom a copy of the objections is delivered under this rule
may, within 14 days after delivery of the copy to him or such shorter period
as may be fixed by the taxing master, deliver to the taxing master answers in
writing to the objections stating concisely the grounds on which he will
oppose the objections, and shall at the same time deliver a copy of the
answers to the party applying for review and to each other party (if any) to
whom a copy of the objections has been delivered or to whom the taxing master
directs that a copy of the answers shall be delivered.
(5) An application under this rule for review of the taxing master's decision
in respect of any item shall not prejudice the power of the taxing master
under rule 17 to issue an interim certificate in respect of items his decision
as to which is not objected to.
34. Review by taxing master (O. 62, r. 34)
(HK)(1) A review under rule 33 shall be carried out by the taxing master to
whom the taxation was originally assigned.
(2) On reviewing any decision in respect of any item, a taxing master may
receive further evidence and may exercise all the powers which he might
exercise on an original taxation in respect of that item, including the power
to award costs of and incidental to the proceedings before him; and any costs
awarded by him to any party may be taxed by him and may be added to or
deducted from any other sum payable to or by that party in respect of costs.
(3) On a hearing of a review under rule 33 a party to whom a copy of
objections was delivered under paragraph (4) of that rule shall be entitled to
be heard in respect of any item to which the objections relate notwithstanding
that he did not deliver written answers to the objections under that
paragraph.
(4) A taxing master who has reviewed a decision in respect of any item shall
issue his certificate accordingly and, if requested to do so by any party to
the proceedings before him, shall state in his certificate or otherwise in
writing by reference to the objections to that decision the reasons for his
decision on the review, and any special facts or circumstances relevant to it.
A request under this paragraph must be made within 14 days after the review or
such shorter period as may be fixed by the taxing master.
35. Review of taxing master's certificate by a judge (O. 62, r. 35)
(1) Any party who is dissatisfied with the decision of a taxing master to
allow or to disallow any item in whole or in part on review under rule 34, or
with the amount allowed in respect of any item by a taxing master on any such
review, may apply to a judge for an order to review the taxation as to that
item or part of an item if, but only if, one of the parties to the proceedings
before the taxing master requested that officer in accordance with rule 34(4)
to state the reasons for his decision in respect of that item or part on the
review. (L.N. 152 of 2008)
(2) An application under this rule for review of a taxing master's decision in
respect of any item may be made at any time within 14 days after the
taxing master's certificate in respect of that item is signed, or such longer
time as the taxing master at the time when he signs the certificate, or
the Court at any time, may allow.
(3) An application under this rule shall be made by summons and shall, except
where the judge thinks fit to adjourn into court, be heard in chambers.
(4) Unless the judge otherwise directs, no further evidence shall be received
on the hearing of an application under this rule, and no ground of objection
shall be raised which was not raised on the review by the taxing master but,
save as aforesaid, on the hearing of any such application the judge may
exercise all such powers and discretion as are vested in the taxing master in
relation to the subject-matter of the application.
(5) If the judge thinks fit to exercise in relation to an application under
this rule the power of the Court to appoint assessors under section 53 of the
Ordinance, the judge shall appoint not less than 2 assessors, of whom one
shall be a taxing master.
(6) On an application under this rule the judge may make such order as the
circumstances require, and in particular may order the taxing master's
certificate to be amended or, except where the dispute as to the item under
review is as to amount only, order the item to be remitted to the same or
another taxing master for taxation.
(7) In this rule "Judge" (法官) means a judge in person.
TRANSITIONAL (L.N. 152 of 2008)
36. Transitional provision relating
to Part 16 of Amendment
Rules 2008 (O. 62, r. 36)
Rules 8, 8A, 8B, 8C, 8D and 8E do not apply in relation to any costs incurred
before the commencement of the Amendment Rules 2008, and rule 8 as in force
immediately before the commencement continues to apply in relation to those
costs as if Part 16 had not been made. (L.N. 152 of 2008)
37. Transitional provisions relating to
Part 23 of Amendment Rules
2008 (O. 62, r. 37)
(1) Where a party entitled to require any costs to be taxed has filed his bill
of costs before the commencement of the Amendment Rules 2008, nothing in Part
23 of the Amendment Rules 2008 applies in relation to the taxation, and Order
62 as in force immediately before the commencement applies in relation to the
taxation as if it had not been amended by that Part.
(2) Where-
(a) a party entitled to require any costs to be taxed files his bill of
costs after the commencement of the Amendment Rules 2008; but
(b) any item of work to which the costs or charges specified in the First
Schedule or Part III of the Second Schedule of this Order relate was
undertaken before the commencement, then the First Schedule or Part
III of the Second Schedule of this Order as in force immediately
before the commencement applies in relation to that item of work as if
it had not been amended by Part 23 of the Amendment Rules 2008.
(3) Where-
(a) a party entitled to require any costs to be taxed files his bill of
costs after the commencement of the Amendment Rules 2008; but
(b) the writ of summons was issued before the commencement, then Part I
and Part II of the Second Schedule of this Order as in force
immediately before the commencement applies in relation to the writ of
summons issued before the commencement as if they had not been amended
by Part 23 of the Amendment Rules 2008.
(4) No costs for work undertaken before the commencement of the Amendment
Rules 2008 are to be disallowed if those costs would have been allowed under
this Order as in force immediately before the commencement. (L.N. 152 of 2008)
FIRST SCHEDULE [rule 32]
PART I
SCALE OF COSTS
Item Particulars Charges 1. Preparation of a bundle of copies of documents,
including the costs of copying and collating the documents and compiling
(including indexing and pagination) the bundle, per page of whatever size
...............
$4 per page in respect of the first bundle, and $1 per page in respect of each
subsequent bundle 1A. Copying of documents, per page of whatever size
.................................. $1
(L.N. 152 of 2008) 2. Attendance suitable for unqualified staff, such as for
filing of documents, delivery or collection of pages and to make appointments,
whether such attendance are made by qualified or unqualified persons, for each
attendance
$110 3. Attendance for necessary search and inquires-such fee as the Registrar
thinks proper but not less than $50 for each attendance. 4. Service of any
documents-such fee as the Registrar thinks proper but not less than $50 in
each case. 5. The Registrar may allow such fee as he thinks proper in respect
of every other matter or thing not hereinbefore specially mentioned.
Note to item 5: This item is intended to cover-
(a) the doing of any work not otherwise provided for and which was
properly done in preparing for a trial, hearing or appeal, or before a
settlement of the matters in dispute, including-
(i) The client: taking instructions to sue, defend, counter-claim, appeal
or oppose etc.; attending upon and corresponding with client;
(ii) Witnesses: interviewing and corresponding with witnesses and potential
witnesses, taking and preparing proofs of evidence and, where
appropriate, arranging attendance at Court, including issue of
subpoena;
(iii) Expert evidence: obtaining and considering reports or advice from
experts and plans, photographs and models; where appropriate arranging
their attendance at Court, including issue of subpoena;
(iv) Inspections: inspecting any property or place material to the
proceedings;
(v) Searches and Inquiries: making searches in Government Registries and
elsewhere for relevant documents;
(vi) Special damages: obtaining details of special damages and making or
obtaining any relevant calculations;
(vii) Other parties: attending upon and corresponding with other parties or
their solicitors;
(viii) Discovery: perusing, considering or collating documents for
affidavit or list of documents; attending to inspect or produce for
inspection any documents required to be produced or inspected by order
of the Court or by virtue of Order 24;
(ix) Documents: drafting, perusing, considering and collating any relevant
documents (including pleadings, affidavits, cases and instructions to
and advice from counsel, orders and judgments) and any law involved;
(x) Negotiations: work done in connection with negotiations with a view to
settlement;
(xi) Attendances: attendances at Court (whether in Court or chambers) for
the hearing of any summons or other application, on examination of any
witness, on the trial or hearing of a cause or matter, on any appeal
and on delivery of any judgment; attendances on counsel in conference,
and any other necessary attendances;
(xii) Interest: where relevant the calculation of interest on damages; and
(xiii) Notices: preparation and service of miscellaneous notices, including
notices to witnesses to attend court; and
(b) the general care and conduct of the proceedings. (L.N. 152 of 2008)
PART II
GENERAL
Discretionary costs
1. (1) (Repealed L.N. 152 of 2008)
(2) In exercising his discretion under this paragraph or under rule 32(2) in
relation to any item, the taxing master shall have regard to all relevant
circumstances, and in particular to-
(a) the complexity of the item or of the cause or matter in which it
arises and the difficulty or novelty of the questions involved;
(b) the skill, specialized knowledge and responsibility required of, and
the time and labour expended by, the solicitor or counsel;
(c) the number and importance of the documents (however brief) prepared or
perused;
(d) the place and circumstances in which the business involved is
transacted;
(e) the importance of the cause or matter to the client;
(f) where money or property is involved, its amount or value;
(g) any other fees and allowances payable to the solicitor or counsel in
respect of other items in the same cause or matter, but only where
work done in relation to those items has reduced the work which would
otherwise have been necessary in relation to the item in question.
Fees to counsel
2. (1) Except in the case of taxation under the Legal Aid Ordinance ( Cap 91)
and taxations of fees payable by the Crown, no fee to counsel shall be allowed
unless-
(a) before taxation its amount has been agreed by the solicitor
instructing counsel; and
(b) before the taxing master issues his certificate a receipt for the fees
signed by counsel is produced to him.
(2) No retaining fee to counsel shall be allowed on any taxation of costs in
relation to which rule 28(2) has effect.
(3) No costs shall be allowed in respect of counsel appearing before a master
in chambers, or of more counsel than one appearing before a master in open
court or a judge or the Court of Appeal, unless the master or judge or
the Court of Appeal, as the case may be, has certified the attendance as being
proper in the circumstances of the case. (L.N. 152 of 2008)
(4) A refresher fee, the amount of which shall be in the discretion of the
taxing master, shall be allowed to counsel, either for each period of five
hours (or part thereof), after the first, during which a trial or hearing is
proceeding or, at the discretion of the taxing master, in respect of any day,
after the first day, on which the attendance of counsel at the place of trial
is necessary.
(5) The amount of fees to be allowed to counsel is in the discretion of the
taxing master who shall, in exercising his discretion, have regard to all
relevant circumstances and in particular to the matters set out in paragraph
1(2). (L.N. 152 of 2008)
Items to be authorized, certified etc.
4. (1) In an action arising out of an accident on land due to a collision or
apprehended collision, the costs of preparing a plan
(other than a sketch plan) of the place where the accident happened shall not
be allowed unless-
(a) before the trial the Court authorized the preparation of the plan, or
(b) notwithstanding the absence of an authorization under sub-paragraph
(a) the taxing officer is satisfied that it was reasonable to prepare
the plan for use at the trial.
(2) The costs of calling an expert witness with regard to any question as to
which a court expert is appointed under Order 40 (or a scientific adviser is
appointed under Order 103 rule 27) shall not be allowed on a taxation of costs
in relation to which rule 28(2) or (3) has effect unless the Court at the
trial has certified that the calling of the witness was reasonable.
(3) If any action or claim for a declaration under section 8(1) of the
Registration of Patents Ordinance ( Cap 42) proceeds to trial, no costs shall
be allowed to the parties delivering any particulars of breaches or
particulars of objection in respect of any issues raised in those particulars
and relating to that patent except in so far as those issues or particulars
have been certified by the Court to have been proven or to have been
reasonable and proper.
Attendances in Chambers-equity jurisdiction
5. (1) The following provisions of this paragraph apply in relation to every
hearing in chambers in the equity jurisdiction of the Court.
(3) Where on any such hearing as aforesaid the Court certifies that the speedy
and satisfactory disposal of the proceedings required and received from the
solicitor engaged in them exceptional skill and labour in the preparation for
the hearing, the taxing master in taxing the costs to be allowed for
instructions in relation to the summons or application shall take the
certificate into account.
Copies of documents
7. (1) There shall be allowed for printing copies of any document the amount
properly paid to the printer; and where any part of a document is properly
printed in a foreign language or as a facsimile or in any unusual or special
manner, or where any alteration becomes necessary after the first proof of the
document, there shall be allowed such an amount as the taxing master thinks
reasonable, such amount to include any attendances on the printer.
(2) The solicitor for a party entitled to take printed copies of any documents
shall be allowed the amount he pays for such number of copies as he
necessarily or properly takes.
(3) The allowance for printed copies of documents under item 1 of Part I of
this Schedule shall be made in addition to the allowances under the foregoing
provisions of this paragraph and shall, subject to sub-paragraph (4), be made
for such printed copies as may be necessary or proper-
(a) of any pleading, for service on the opposite party;
(b) of any special case, for filing;
(c) of any pleading or special case, for the use of the Court;
(d) of any affidavit, for attestation in print;
(e) of any pleading, special case or evidence for the use of counsel in
court; or
(f) of any other document necessarily and properly copied and not
otherwise provided for.
(4) The allowance under item 1 of Part I shall not be made in relation to
printed copies of documents for the use of the Court or of counsel where
written copies have been made before printing, and shall not be made more than
once in the same cause or matter.
SECOND SCHEDULE [rule 32]
PART I
COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM OR UNDER ORDER 13A (L.N.
152 of 2008)
1. The scale of costs set out in Part II of this Schedule (which includes the
scale prescribed pursuant to section 72 of the District Court Ordinance (
Cap 336) shall apply in relation to the following cases if the writ of summons
therein was issued after the commencement of the Amendment Rules 2008, and was
indorsed with a claim for a debt or liquidated demand only, that is to say-
(L.N. 152 of 2008)
(a) cases in which the defendant pays the amount claimed within the time
and in the manner required by the indorsement of the writ;
(b) cases in which the plaintiff obtains judgment on failure to give
notice of intention to defend under Order 13, rule 1, or judgment in
default of defence under Order 19, rule 2. (L.N. 152 of 2008)
(c) (Repealed L.N. 152 of 2008)
1A. The scale of costs set out in Part II of this Schedule applies in relation
to cases in which the plaintiff obtains judgment under Order 13A without a
hearing. (L.N. 152 of 2008)
2. Notwithstanding anything in paragraph 1 or 1A of this Schedule or in the
said scale, no costs shall be allowed in any case to which the said paragraph
1 or 1A applies unless- (L.N. 152 of 2008)
(a) the Court orders costs to be allowed; or
(b) in a case to which sub-paragraph (b) of paragraph 1 applies, judgment
or an order for judgment, as the case may be, is obtained within 28
days after the service of the writ or within such further time as
the Court may allow.
3. In every case to which the said scale applies there shall be added to the
basic costs set out in the said scale the fee which would have been payable on
the issue of a writ for the amount recovered. (L.N. 152 of 2008)
PART II
SCALE OF COSTS
Item Scale
Basic Costs $ To be allowed in cases under- sub-paragraph (a) of paragraph 1
9000 if the plaintiff is legally represented and 500 if the plaintiff is not
legally represented sub-paragraph (b) of paragraph 1 10000 if the plaintiff is
legally represented and 600 if the plaintiff is not legally represented
paragraph 1A 10000 if the plaintiff is legally represented and 600 if the
plaintiff is not legally represented
Additional Costs 1. For each additional defendant after the first 500 2. Where
substituted service is ordered and effected, for each defendant served 1000
3-7. (Repealed L.N. 152 of 2008) (L.N. 152 of 2008)
PART III
MISCELLANEOUS
Item Scale
1. Where a plaintiff or defendant signs judgment for costs under rule 10,
there shall be allowed- (L.N. 152 of 2008) cost of the judgment $
1000 2. Where upon the application of any person who has obtained a judgment
or order against a debtor for the recovery or payment of money a garnishee
order is made under Order 49 against a garnishee attaching debts owing or
accruing from him to the debtor, the following costs shall be allowed-
(a) to the garnishee, to be deducted by him from any debt owing by him as
aforesaid before payments to the applicant-
(i) if no affidavit used
(ii) if affidavit used
100
300
(b) (Repealed L.N. 152 of 2008)
3. (Repealed L.N. 152 of 2008)
4. Where a writ of execution within the meaning of Order 46, rule 1 is issued
against any party, there shall be allowed- cost of issuing execution
600 (L.N. 152 of 2008) (Enacted 1988)
___________________________________________________________________________
____ Note: # Please also see following-
(a) in relation to the Merchant Shipping Act 1894, Part 3 of Schedule 5 to
Cap 415 and s. 1 of Schedule 2 to Cap 508;
(b) in relation to the Merchant Shipping Acts 1894 to 1979, s. 117 of Cap
281, s. 103 of Cap 415 and s. 142 of Cap 478.
"certificate" (證明書)
"contentious business" (爭議事務)
"costs" (訟費)
"the Court" (法院、法庭)
"District Court" (區域法院)
"mentally disordered person" (精神紊亂的人)
"non-contentious business" (非爭議事務)
"taxed costs" (經評定的訟費)
"taxing master" (訟費評定官)
"the indemnity basis" (彌償基準)
"Judge" (法官)
"paying party" (支付方)
"receiving party" (收取方)
"legal representative" (法律代表)
"wasted costs order" (虛耗訟費命令)
"party entitled to be heard on taxation"
(有權在訟費評定中獲聆聽的一方)
"client" (當事人)
"completion date" (完結日期)
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