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Taxation of bills.
22 and 23 Geo. 5 c.37, s.65.
THE HONG KONG GOVERNMENT GAZETTE.
60. (1) On the application, made within one month of delivery of a solicitor's bill, of the party chargeable therewith the court shall, without requiring any sum to be paid into court, order that the bill shall be taxed and that no action shall be commenced thereon until the taxation is completed.
(2) If no such application is made within the period mentioned in sub-section (1), then, on the application either of the solicitor or of the party chargeable with the bill, the court may, upon such terms, if any, as it thinks fit (not being terms as to the costs of the taxation) order—
(a) that the bill shall be taxed;
(b) that, until the taxation is completed, no action shall be commenced on the bill, and any action already commenced be stayed:
Provided that-
(i) if twelve months have expired from the delivery of the bill, or if the bill has been paid, or if a verdict has been obtained or a writ of enquiry executed in an action for the recovery of the costs covered thereby, no order shall be made on the application of the party chargeable with the bill except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the taxation as the court may think fit;
(ii) in no event shall any such order be made after the expiration of twelve months from the payment of the bill.
(3) Every order for the taxation of a bill shall require the taxing officer to tax not only the bill but also the costs of taxation and to certify what is due to or by the solicitor in respect of the bill and in respect of the costs of the taxation.
(4) If after due notice of any taxation either party thereto fails to attend, the officer may proceed with the taxation ex parte.
(5) Unless-
(a) the order for taxation was made on the applica- tion of the solicitor and the party chargeable does not attend the taxation; or
(b) the order for taxation otherwise provides;
the costs of the taxation shall be paid according to the event of the taxation, that is to say, if one-sixth of the amount of the bill is taxed off, the solicitor shall pay the costs, but otherwise the party chargeable shall pay the costs:
Provided that the taxing officer may certify any special circumstances relating to the bill or the taxation thereof to the court, and the court may make thereon any such order as it thinks fit respecting the payment of the costs of the taxation.
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