1964-HKRS28-8-31_Part01 — Page 44

Taxation on application of third parties.

5 & 6 Eliz 2, c. 27, 6. 70.

General

provisions as

to taxations.

5 & 6 Eliz. 2,

c. 27. s. 71.

32

68. (1) Where a person other than the person who is the party chargeable with the bill for the purposes of section 67 has paid, or is or was liable to pay, the bill either to the solicitor or to the party charge- able with the bill, that person or his executors, administrators or assignees may apply to the Court for an order for the taxation of the bill as if he were the party chargeable therewith, and the Court may make thercon the same 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 onder 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, executor or administrator has become liable to pay a 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 kerms, 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 solici- tor 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...

(a) the provisions of section 67 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 subsection;

(b) the extent and nature of the interest of the applicant.

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

(4) On an application made under this section—

(a) except in special circumstances, no order shall be made for

the taxation of a bill which has already been taxed: (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.

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

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(2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including in a case where the retainer is not disputed, and order that judgment be entered for the sum certified to be due with costs.

70. Any court in which a solicitor has been employed to prosecute Charging or defend any suit, matter or proceeding may at any time declare the orders.

3 & 6 Eliz. 2. solicitor entitled to a charge on the property recovered or preserved

c. 27, s. 72. through his instrumentality for his taxed costs in reference to that suit. matter or proceeding and may make such orders for the taxation of the said costs and for raising money to pay, or for paying, the said costs out of the said property, as it thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor:

Provided that no order shall be made if the right to recover the costs is barred by any statute of limitations.

payment of

71. Whenever any judgment or order has been made for payment Revival of of costs in any action and such action afterwards becomes abated, it order for shall be lawful for any person interested under such judgment or order costs. to revive such action, and thereupon to prosecute and enforce such 33 and 34 judgment or order, and so from time to time as often as any such Vict

c. 28, s. 19. abatement may happen.

PART VIL

RULES.

72. The Chief Justice may make rules-

Power of Chief Justice

(a) in relation to the admission of solicitors and of barristers and to make

the registration of notaries public-

(i) regulating the manner in which applications for admis- sion under sections 3 and 27 shall be made and the forms to be employed in respect thereof;

(ii) regulating the procedure and constitution of the Court at the bearing of applications under sections 3 and 27:

(ii) regulating the manner in which applications for regis- tration under section 40 shall be made and the forms to be employed in respect thereof;

(iv) exempting, in any particular case, a person seeking admission under section 3 or 27 or registration under section 40 from compliance with all or any of the conditions prescribed

rules.