1965-HKRS30-8-55_Part05 — Page 55

Special

maliers to be taken

into account în exercising discretion.

Restriction

of discretion to order Costa,

Costs arising from

mikonduct

or neglect.

(b) shall direct that the costs shall be assessed by the court before which the proceedings took place or taxed by an officer of that court, Or

(c) if the order is made on appeal from the District Court in reja- tion to proceedings in that court, may direct that the costs shall be taxed by the taxing master.

6. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account-

(a) any such offer of contribution as is mentioned in rule 10 of Order 16 of the Rules of the Supreme Court which is brought to its attention in pursuance of a reserved right to do so; (8) any payment of money into court and the amount of such

payment.

7. (1) Notwithstanding anything in these rules or in any other enactment unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will.

(2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he shall unless the Court otherwise orders, be entitled to the costs of those pro- ceedings, in so far as they are not recovered from or paid by any other person, out of the fund held by the trustee or personal representative or the mortgaged property, as the case may be; and the Court may otherwise order only on the ground that the trustee, personal representa. tive or mortgagee has acted unreasonably or, in the case of a trusted or personal representative, has in substance acted for his own benefi rather than for the benefit of the fund.

8. (1) Where in any cause or matter any thing is done or omis- sion is made improperly or unnecessarily by or on behalf of a party. the Court may direct that any costs to that party in respect of it shall not be allowed to him and that any costs occasioned by it to other parties shall be paid by him to them.

(2) Without prejudice to the generality or paragraph (1), the Court shall for the purpose of that paragraph have regard in particular to the following matters, that is to say-

(a) the omission to do any thing the doing of which would have

been calculated to save costs;

7

(b) the doing of any thing calculated to occasion, or in a manner

or at a time calculated to occasion, unnecessary costs:

(c) any unnecessary delay in the proceedings.

(3) The Court may, instead of giving a direction under paragraph (1) in relation to any thing done or omission made, direct the taxing master to inquire into it and, if it appears to him that such a direction as aforesaid should have been given in relation to it, to act as if the appropriate direction had been given.

(4) The taxing master shall, in relation to any thing done or omis- sion made in the course of taxation and in relation to any failure to procure taxation, have the same power to disallow or to award costs as the Court has under paragraph (1) to direct that costs shall be dis- allowed to or paid by any party.

(5) Where a party entitled to costs fails to procure or fails to proceed with taxation, the taxing master, in order to prevent any other parties being prejudiced by that failure, may allow the party so entitled a nominal or other sum for costs or may certify the failure and the costs of the other parties.

2. (1) Subject to the provisions of this rule, where in any pro- Personal ceedings costs are incurred improperly or without reasonable cause or liability of

salicitor for are wasted by undus delay or by any other misconduct or default, the

costs. Court may make against any solicitor whom it considers to be respon- sible, whether personally or through a servant or agent, an order-

(a) disallowing the costs as between the solicitor and his client;

and

(5) directing the solicitor to repay to his client costs which the client has been ordered to pay to other parties to the proceed- ings; or

() directing the solicitor personally to indemnify such other part-

los against costs payable by them.

(2) No order under this rule shall be made against a solicitor unless he has been given a reasonable opportunity to appear before the Court and show cause why the order should not be made.

(3) Before making an order under this rule the Court may, if it thinks fit, except in the case of undue delay in the drawing up of, or in any proceedings under, an order or judgment as to which the Regis- trar has reported to the Court, refer the matter to a taxing master for inquiry and report and direct the solicitor in the first place to show cause before the taxing master.

(4) The Court may, if it thinks fit, direct or authorize the Altorney General to attend and take part in any proceedings or inquiry under this rule, and may make such order as it thinks fit as to the payment of his costs.