1964-HKRS29-8-31_Part01 — Page 43

Action to recover cas 15.

6 Eliz. 2,

G. 27, 6. 68.

Taxation of

bills an application

of party cbargeable on solicitor.

3 & 6 Blz 2. c. 27, s. 69.

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remained vested in a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

(3) In this section and in sections 66, 67 and 68, "solicitor” in- cludes the executors, administrators and assignees of the solicitor in question.

66. (1) Subject to the provisions of this Ordinance, no action shall be brought to recover any costs due to a solicitor until one month after a bill thereof has been delivered in accordance with the requirements of this section:

Provided that. if there is probable cause for believing that the party chargeable with the costs is about to quit the Colony, or become a bankrupt, or to compound with his creditors, or to do any other act which would tend to prevent or delay the solicitor obtaining payment, the Court may, notwithstanding that one month has not expired from the delivery of the bill, order that the solicitor be at liberty to com- mence an action to recover his costs and may order those costs to be taxed.

(2) The said requirements are as follows-

(a) the bill must be signed by the solicitor, or if the costs are dục to a firm by one of the partners of that firm, either in his own name or in the name of the firm, or be enclosed in, or accom- panied by, a letter which is so signed and refers to the bill; and (6) the bill must be delivered to the party to be charged therewith,

either personally or by being sent to him by post to, or left for him at, his place of business, dwelling house or last known place of abode.

and where a bill is proved to have been delivered in compliance with those requirements, it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed, until the contrary is shown, to be a bill bona fide complying with this Ordin-

anco.

67. (1) On the application, made within one month of the de- livery 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 subsection (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;

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(4) that, until the taxation is completed, no action shall be com- menced on the bill, and any action already commenced be stayed:

Provided that-

(1) 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 inquiry executed in an action for the recovery of the costs covered thereby, no order shall be made on the applica- tion 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 taxing officer may proceed with the taxation ex parte.

(5) Unless-

(a) the order for taxation was made on the application 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 or more 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-

(i) if, in the case of a bill for non-contentious business, not less than half of the amount of the bill before taxation consists of costs for which no scale charge is prescribed, for the reference in this subsection to one-sixth of the amount of the bill there shall be deemed to be substituted a reference to one-fifth thereof;

(ii) 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.