1965-HKRS30-8-55_Part05 — Page 57

Supplc- Tren Lory power of

taxing

masters.

Disposal of

business by one taxing magler for Another.

Extension, etc., of time.

Loterim certificates.

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14. A taxing master may, in the discharge of his functions with respect to the taxation of costs-

(a) take an account of any dealings in money made in connexion with the payment of the costs being taxed, if the Court so directs:

(b) require any party represented jointly with any other party in any proceedings before him to be separately represented; (c) examine any witness in those proceedings;

(d) direct the production of any document which may be relevant

in connexion with those proceedings.

15. (1) If, apart from this paragraph, a taxing master has power to tax any costs, the taxation of which has been assigned to some other taxing master, be may tax those costs and if, apart from this paragraph. he has power to issue a certificate for the taxed costs be shall issue a certificate for them.

(2) Any taxing master may assist any other taxing master in the taxation of any costs the taxation of which has been assigned to that other officer.

(3) On any application in that behalf made by a party to any cause or matter, a taxing master may, and if the circumstances require it shall, hear and dispose of any application in the cause or matter on behalf of the taxing master by whom the application would otherwise be heard.

16. (1) A taxing master may-

(a) extend the period within which a party may be required under these rules to begin proceedings for taxation or to do anything in or in connexion with proceedings before him;

(b) where no period is specified under these rules or by the Count for the doing of anything in or in connexion with such pro- ceedings, specify the period within which the thing is to be done.

(2) Where an order of the Court specifies a period within which anything is to be done by or before a taxing master then, unless the Court otherwise directs, the taxing master may from time to time extend the period so specified on such terms, if any, as he thinks just.

(3) A taxing master may extend any such period as is referred to in this rule although the application for extension is not made until after the expiration of that period.

17. (1) A taxing master may from time to time in the course of the taxation of any costs by him issue an interim certificate for any part of those costs which has been taxed.

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(2) If, in the course of the taxation of a solicitor's bill to bis own client, it appears to the taxing master that in any event the solicitor will be liable in connexion with that bill to pay money to the client, he may from time to time issue an interim certificate specifying an amount which in his opinion is payable by the solicitor to his client.

(3) On the filing of a certificate issued under paragraph (2) the Court may order the amount specified therein to be paid forthwith to the client or into court.

18. Where a party entitled to be paid costs is also liable to pay Power of costs, the taxing master may-

(a) lax the costs which that party is liable to pay and set off the amount against the amount he is entitled to be paid and direct payment of any balance; or

(b) delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the amount he is liable to pay.

waxing master where party

liable to be pay casts. paid and to

19. (1) Where the Court directs an account to be taken and the Taxation of account consists in part of a bill of costs, the Court may direct a taxing bill of costs

comprised master to tax those costs and the taxing master shall tax the costs in In uccount. accordance with the direction and shall return the bill of costs, after taxation thereof, together with his report thereon to the Court.

(2) A taxing master taxing a bill of costs in accordance with a direction under this rule shall have the same powers, and the same fees shall be payable in connexion with the taxation, as if an order for taxation of the costs had been made by the Court.

certain fees

20. (1) Where the Court refers any matter to conveyancing counsel Taxing or obtains the assistance of any other person under rule 23 of Order muster to fix XXX, the fees payable to counsel or that other person in respect of the payable to work done by him in connexion with the reference or, as the case may conveyancing be, in assisting the Court shall be fixed by a taxing master.

(2) An appeal from the decision of a taxing master under this rule shall lie to the Court, and the decision of the Court thereon shall be final.

PART IV.

PROCEDURE ON TAXATION.

counsel, etc.

21. (1) A person who is entitled by virtue of an order of the Court, Commence- to payment of costs to be taxed shall file in the Court his bill of costs meat of and shall obtain from the Registrar on appointment to tax.

proceedings

For taxation.