Property recovered for and costs awarded to sided person,

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14. (1) All moneys payable to an aided person—

(a) by virtue of any agreement or order made in connexion with the action, cause or matter to which his certificate relates, whether such agreement be made before or after proceedings are actually begun; or

(b) being moneys paid into court by him or on his behalf and

ordered to be repaid to him: or

(c) being moneys standing in a court to the credit of any pro-

ceedings to which his certificate relates,

shall be paid or repaid, as the case may be, to the Director and no other person shall be capable of giving a good discharge for moneys so payable.

(2) Where in any proceedings to which an aided person is a party.

(0) an order or agreement is made providing for the recovery or preservation of property for the benefit of the aided person and, by virtue of the Ordinance, there is a first charge on the property for the benefit of the Director; or

(b) an order or agreement is made for the payment of costs to

the aided person,

the aided person shall, subject to the provisions of paragraph (3), take such proceedings. being proceedings which may be taken under section 5 of the Ordinance, as may be necessary to enforce or give effect to such order or agreement.

(3) Any aided person may apply to the Director for a direction that paragraph (2) shall not apply to him on the ground that, having regard to the probable cost of any proceedings referred to or to the likelihood of their being successful, it would be unreasonable to take them and, if the Director agrees, he shall direct that the proceedings be not taken and shall amend the aided person's certificate so as to exclude such proceedings therefrom.

The power conferred on the Director by this paragraph may be exercised without an application being made by an aided person.

(4) Where the Director, having directed that proceedings he not taken by the aided person, is of the opinion that it is expedient so to do he may enforce any order for the payment of money in his name. (5) Upon receipt of moneys paid to him by virtue of this regula- tion the Director shall retain-

(a) any sum paid by virtue of an order or agreement for costs

made in the aided person's favour:

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(6) a sum equal to the amount (if any) by which any property recovered or preserved is charged for the benefit of the Director by virtue of subsection (2) of section 18 of the Ordin- ance; and

(c) any costs of proceedings taken by the Director under the provisions of paragraph (4) in so far as such costs have not been recovered from the person against whom the proceedings have been taken,

and shall pay the balance to the aided person.

15. (1) Where in any proceedings to which an aided person is a Miscellaneous

provisions. party-

(#) judgment is signed in default of appearance or defence, the judgment shall contain a direction that the costs of the aided person shall be taxed:

(6) the court gives judgment or makes a final order in the pro- ceedings, the judgment shall contain a direction (in addition to any other direction as to taxation contained in the judgment or order) that the costs of any aided person shall be so taxed. (2) Where in any proceedings to which an aided person is a

party-

(a)

the proceedings are, or have been, brought to an end without a direction having been given, whether under sub-paragraph (a) or (b) of paragraph (1) or otherwise, as to the aided person's costs being taxed; or

(b) a judgment or order in favour of an opposite party, that included a direction that the aided person's costs be taxed has not been drawn up or as the case may be entered by him.

an order that the aided person's costs be taxed shall be made ou ex parte application to the Registrar by his solicitor or the Director and the costs of the application and taxation shall be deemed to be costs in the proceedings to which the certificate relates or related.

16. Save as is otherwise provided by these regulations, in any Proceduro. proceedings in any court to which an aided person is party the pro- cedure shall be regulated by the rules of procedure for that court.

17. (1) The Director shall maintain separate panels, containing Lists of the names of counsel willing to act for aided persons in proceedings- counsel and

(a) in the Full Court;

(b) in the Supreme Court; (c) in the District Court.

solicitors.

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