3
Amendment
of Part III.
(Vol. VII, P. 28).
(Vo). VII. p. 23).
(Vol. VIL P. 31),
(3) Subject to the provisions of paragraphs (4), (5) and (6)--
(a) where the annual rent of the premises forming the subject matter of an application for exemption does not exceed five thousand dollars such costs shall be taxed in accordance with the provisions of Scale III of the Taxation of Costs (S.J.) Rules: and
(b) where such annual rent exceeds five thousand dollars such costs shall be taxed in accordance with the provisions of the Taxation of Costs (03) Rules.
subject in each case to the provisions of the Costs (Increase) Rules.
(4) Fees for counsel may be allowed on taxation only where a tenancy tribunal has certified that the case is fit for counsel and where a tenancy tribunal has so certified, the fees set forth in Part IV of this Schedule shall be allowed on taxation,
Q
(5) Where counsel, briefed by only one solicitor or by only one firm of solicitors, appears before a tenancy tribunal on behalf of more than one opponent and the tenancy tribunal deals with a number of applications in a combined hearing, only one retainer and one brief fee may be allowed on taxation notwithstanding that more than one retainer of one brief was actually delivered to such counsel by such solicitor or firm of solicitors.
(6) In no case may a fee be allowed for a leader in addition to a fee for a junior counsel.”.
3. The fees set forth in Part III of the First Schedule to the principal Ordinance are amended by the addition at the end thereof of the following-
"Taxing Fees
Where the annual rent of the premises forming the subject
matter of an application for exemption under section 31 of the Ordinance does not exceed $5,000:
Taxing every bill including appointment-
if the bill does not exceed $500
For every $100 or part of $100 charged
$3.00
in excess of the first $500
$1.50
Where the annual rent of such premises exceeds $5,000:
Signing appointment to tax a bill of costs Taxing every bill of costs not exceeding $100
On every $100 or part charged in such bill
in excess of the first $100
$4.00
$6.00
$2,00′′.
4.
The First Schedule to the principal Ordinance is amended Addition of by the addition at the and thereof of the following-
New Part IV.
"FIRST SCHEDULE-PART IV.
[rulc 49(4).]
Fres for COL’'NSEL,
Description
Relainer On brief Refresher
To hear a deferred judgment On conference in chambers or elsewhere if in the opinion of the Registraz such con- ference was necessary and not being a conference on the brief
Where the annual rent does not exceed $5,000
$25
$200-$500
Where the annual rent exceeds $5,000
525
$400-$800
$100-$150
$ 70-$150
$100-$250
$ 70-$150
$50
Dated this 15th day of April, 1959.
550"
Michael Ho
Chief Justice.
Approved by the Legislative Council this 20th day of May, 1959.
COUNCIL CHAMBER.
Depty Clerk of Councils.
20th May, 1959.
Explanatory Note.
(This Note is not part of the rules above but is intended to indicate their general purport),
The object of these rules is to ensure closer control over costs in the tenancy tribunal by providing specific scales, dependant on whether the annual rent is more or less than $5,000 and by giving the tenancy tribunal powers in regard to certifying chat a case is fit för counsel, analogous to those exercised by the District Court.
(Secretariat CR9/741/52VIII)