1962-HKRS30-8-53_Part01 — Page 42

Action trans- ferred from Supreme Couri

Interpleader.

Garnisbee proceedings.

Difficult questions, etc.

Chher pro- ceedings.

Allowance and dis allowance.

Counsel.

(3) Paragraph (2) shall apply where money is paid to the plaintiff in satisfaction or on account of the plaintiff's claim as it applies where money is paid into court.

7. Where proceedings have been transferred from the Supreme Count to the Court and the amount remaining in dispute at the date on which the proceedings are transferred is less than the amount originally claimed, the costs incurred after that date shall, subject to the provisions of the Ordinance, be taxed on the Scale and be subject to the rules applicable to the costs of an action commenced in the Court to recover the amount so remaining in dispute.

$. The costs in interpleader proceedings, under an execution or otherwise, shall be taxed on such Scale as the judge shall award.

9. The Scale of Costs in garnishee proceedings shall be determined----

(a) as regards the costs of the judgment creditor, by the amount

recovered against the garnishee; and

(b) as regards the costs of the garnishes or the judgment debtor. by the amount claimed by the judgment creditor in the garnishee proceedings.

10. Notwithstanding anything contained in these rules, in any pro- ceedings in which the judge certifies that a difficult question of law or a question of fact of exceptional complexity is involved, he may award costs on such Scale as he thinks fit.

11. In any proceedings to which rules 4, 5, 7, 8 and 9 do not apply, the judge may award costs on such Scale as he thinks fit.

12. (1) The judge may in any action or matter direct the Registrar to allow or disallow on taxation any item in the Scales of Costs.

(2) Subject to any direction of the judge, no item in the Scales of Costs shall be allowed on taxation if the Registrar is of opinion that it was not necessary to do the work or incur the expense to which the item relates.

13. (1) No for for counsel shall be allowed on taxation unless the judge certifies that the case is fit for counsel.

(2) Where a party appearing by counsel is awarded costs, but the costs of employing counsel are not allowed, he may be allowed such costs as he might have been allowed if he had appeared by a solicitor and not by counse).

14. (I) There may be allowed in respect of the attendance of Compensa- parties, and, whether or not the same have been paid before taxation, Lion to of witnesses, such reasonable amounts as the Registrar thinks fit.

parties and witnesses and miscel-

(2) Where costs are taxed on Scale II, III or IV and no provision fancous. is made in the Scale with respect to any particular matter the Registrar may allow reasonable costs therefor on taxation,

FIRST SCHEDULE.

Scaler of Confs.

[rule 301).)

1. There shall be four Scales namely Scale I, Scale II. Scale [I and Scale IV.

2. The Scale of Costs applicable to a sum of money only shall be as Fallows-

Sam of money

Scale applicable

Exceeding $50

but not exceeding $200

Scale I

$200

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$500

$2,00€

$300

$2,000

Scale II

Scale II]

Scale [V

1. Reference in the Scales to Counsel is in all cases subject to rule 13

hereof,

SCALE L

(Actions cxcceding 150 but not exceeding 3200).

1. Instructions for claim, counterclaim or other proceedings includ- ing letter before action and preparing writ of other originating process, attending issuing and service

3. Substituted service-

$8.00

་་A------

[Note: No copies for service will be allowed)

2. Instructions to defend including drawing defence or other

answer and attending and entering

34.00

(a) if service by solicitor, to include attendances, making appointments to serve summons, preparing and attending to swear and file affidavits and to obtain order, and the fees paid for oaths

$20.00

(6) if service by Bailift, for attendances to request steps to be

Laken and to obtain order

$10.00

$25.00

4. Plaintiffs' or defendants' solicitor preparing for and attending

trial with or without counsel per diem

(Note: Where counsel is not instructed and the judge who heard the action or matter is satisfed from the nature of the case or the conduct of the proceedings that a bigher charge is justified, this item may be increased to a sum not exceeding 550 per diem,)