14

CAP. 91]

Legal Aid

[1989 Ed.

in the case of costs incurred under the Supplementary Legal Aid Scheme, except in accordance with section 32; and

(ii) in any other case, in excess of such aided person's contribution;

(b) where a court or the Privy Council makes an order for costs against an aided person, or an agreement is entered into for the payment of costs by an aided person, in favour of a person not receiving legal aid-

(i) in any case in which the party not receiving legal aid is a defendant or respondent in the proceedings (other than a defendant or respondent to a counterclaim or cross-petition), or in the case of an appeal (including an appeal to, or an application for leave to appeal to, the Privy Council) is a respondent therein (other than a respondent to a cross-appeal) such costs shall be paid by the Director; (Replaced 40 of 1989 s. 5)

(ia) in any case in which the party not receiving legal aid is a defendant to a counterclaim or respondent to a cross-petition, or in the case of an appeal (including an appeal to, or an application for leave to appeal to, the Privy Council) is a respondent to a cross-appeal, the costs occasioned by the counterclaim, cross-petition or cross-appeal filed by or on behalf of the aided person shall be paid by the Director; (Added 40 of 1989 s. 5)

(ib) in any case in which the party not receiving legal aid is an appellant in an appeal (including an appeal to, or an application for leave to appeal to, the Privy Council) and in the court whose judgment or order is appealed against the plaintiff was an aided person, such costs shall be paid by the Director; and (Added 40 of 1989 s. 5)

(ii) in any other case, neither the Director nor the aided person shall be liable for such costs unless a contribution is payable by the aided person under section 18(1)(b); in which case the Director on behalf of the aided person shall pay such costs to the extent that the contribution is in excess of the costs incurred by the Director on behalf of the aided person; and

(c) where a court or the Privy Council makes an order for costs against an aided person, or an agreement is entered into for the payment of costs against an aided person, in favour of a person who is also receiving legal aid, neither such person shall be liable for such costs in excess of his contribution and the contribution of the party who is liable for the payment of costs under such order or agreement shall be charged first with the costs of both

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1989 Ed.]

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