Application.
When posly
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(2) In these rules, references by numbers to Orders and to rules of Orders are references to Orders and rules of the Code.
(3) In these rules, references to a fund, being a fund out of which costs are to be paid or which is held by a trustee or personal representa- tive, include references to any estate or property 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 posses- sion or not.
3.
These rules shall apply to all civil proceedings in the Court, except non-contentious or common form probate proceedings and pro- ceedings in matters of prize, and to all criminal proceedings.
PART II.
ENTITLEMENT TO COSTS.
4. (1) Subject to the provisions of these rules, no party shall be to follow the 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.
event.
15 & 16 Gea.
(2) Subject to the provisions of these rules and to the express 5, c. 49, s. 50. provisions of any other enactment, the costs of and incidental to all proceedings in the Court including the administration of estates and irusts, shall be in the discretion of the Court and the Court shall have full power to determine by whom and to what extent the costs are to be paid, which discretion shall be exercised subject to and in accord- ance with these rules.
(3) 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, the Court shall, subject to these rules, 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 to the whole or any part of the costs.
(4) The costs of and occasioned by any amendment made without leave in the statement of claim by the plaintiff or in any counter-claim or set-off by a defendant shall be borne by the party making the amend- meni, unless the Court otherwise orders.
(5) The costs of and occasioned by any application to extend the time fixed by the Code, or by any direction or order thereunder, requie- ing the delivery of or the filing of any document or the doing of any other act, including the costs of any orfer made on the application, shall be borne by the party making the application, unless the Court otherwise orders.
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(6) If a party to whom notice to admit documents or to admit facts has been given under rule 25 or rule 26 of Order VII-
(a) gives notice of non-admission of the documents in accordance
with rule 25 of Order VII; or
(b) refuses or neglects to admit the facts within six days after the service on him of the notice to admit them or such longer time
as may be allowed by the Court,
the costs of proving the documents or facts, as the case may be, shall be paid by him, unless the Court otherwise orders.
(7) No costs of proving any document shall be allowed unless a notice to admit the document has been given under rule 25 at Order VII except where the omission to give the notice is in the opinion of the taxing master a saving of expense.
(8) Where any person claiming to be a creditor seeks to establish his claim to a debt under any judgment or order in the Judge's Cham- bers in accordance with rules 37 to 45 of Order XXX, 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. (9) Where a claimant is entitled to costs under paragraph (8), 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.
at which costs to he
5. (1) Costs may be dealt with by the Court at any stage of the Stage of proceedings or after the conclusion of the proceedings: and any order proceedings 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 a pauper, require dealt with. 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 proceed- ings 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 from any other court, the costs of the whole proceedings. both before and after the transfer or removal, may, subject to any order of the court ordering the transfer or removal, be dealt with by the Court to which the proceedings are transferred or removed.
(9) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another court, 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, the order-
(a) shall specify the amount of the costs to be allowed, or