1948-HKRS28-8-15_Part03 — Page 9

Taxation of bills.

22 and 23 Gen. 5 2-37. 5.65.

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60. (1) On the application, made within one mouth of the 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 se to the costs of the taxation) order-

(a) that the bill shall be taxed;

(D) 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 bave 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 coste covered thereby, no order shall be made on tlie application of the party chargeable with the bill except in special circumstances and, if an order is made, it may contain such terma as regards the costs of the taxation as the court may think fit;

(i) 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 laxation 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 notion of say taxation either party thereto fails to attend, the officer may proceed with the taxation cr parte.

(5) Unless-

(a) the order for taxation was conde 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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22 AND 23

61. (1) Where a person, other than the person who is the Taxation on party chargeable with the bill for the purposes of section 60, has application paid, or is or was liable to pay, the bill either to the solicitor or parties and to the party chargeable with the bill, that person

or his beneficiarica administrators, executors or assignees may apply to the court for under rusion, an order for the taxation of the bill as if he were the party *55. chargeable therewith, and the court may make thereon the same Gen. 5 order, if any, as it might have made if the application had been made by that party: Provided that in cases where the court has no power to make an order except in special circumstances the court may, in considering whether there are special circumstances sufficient to justify it in making an order take into account circumstances affecting the applicant, but which do not affect the party chargeable with the bill.

(2) If a trustee, exccutor or admínistrator liss become liable to pay the bill of a solicitor, the court may, upon the application of any person interested in any property out of which the trustee executor or administrator has paid, or is entitled to pay, the bill, and upon such terms, if any, as it thinks fit, order the bill to be taxed and may order such payments in respect of the amount found due to or by the solicitor and in respect of the costs of the taxation to be made to or by the applicant, or to or by the solicitor, or to the executor, administrator or trustee as it thinks fit: Provided that in considering any such application the court shall have regard to-n

(a) the provisions of section 60 as to applications by the party chargeable with taxation of a solicitor's bill so far as they are capable of being applied to an application made under this sub-section;

applicant.

(6) the extent and nature of the interest of the

(3) If an applicant under sub-section (2) pays any moneys to the solicitor he shall have the same right to be paid that money by the trustee, executor or administrator chargeable with the hill as the solicitor had.

(4) The following provisions shall apply to applications made under this section :~

(a) except in special circumstances no order shall be made for the taxation of a bill which has already been tused;

(b) the court may, if it orders taxation of the bill, order the solicitor to deliver to the applicant a copy of the bill upon payment of the costs of that copy.

0.37, 1.67.

82. (1) Every application for an order for the taxation of a General solicitor's bill or for the delivery of such a bill and the delivering provisions as up of any deeds, documents and papers by a solicitor shall be tous. made the matter of that solicitor.

za and 23 Gen. 5

4-37. 4.68.