1965-HKRS30-8-55_Part05 — Page 58

12

(2) Not less than four clear days' notice of such appointment to tax together with a copy of the bill of costs shall be served by such person on every person entitled to be heard on the taxation.

(3) Except where an order for the taxation of the bill of costs of (16 of 1964). a solicitor is made under section 67 of the Legal Practitioners Ordinance 1964 at the instance of the solicitor, it shall not be necessary for a copy of the bill of costs or of the notice of appointment to lax to be sent to any party who has not entered an appearance in the proceedings which gave rise to the taxation.

Delay in filing of bill of costs.

Deposit of papers and

vouchers.

22. (1) If, within one month after an order of the Court requiring the payment of any costs to be taxed, the person entitled to payment thereof has neither agreed the amount of such costs with the person kable to pay the samo nor served upon such person a notice of appoint- ment to lax in accordance with rule 21, the Registrar, on the application of the person liable to pay such costs and on not less than four days" notice to the person entitled to payment thereof, may order that the person entitled to payment of the costs shall proceed to taxation in accordance with rule 21 within such period as the Registrar may order.

(2) If within the period ordered by the Registrar or any extension thereof which, on the application of either party, on not less than four days' notice to the other party, the Registrar may allow, a notice of appointment to tax has not been served in accordance with rule 21 and the amount due has not been agreed between the parties, the order of the Court requiring payment of the costs shall thereupon be wholly discharged.

(3) On any order in accordance with paragraph (1) and on the taxation of a bill of costs, whether or not an order has been made under paragraph (1), the Registrar, if he is satisfied that there has been undue delay in the filing of the bill of costs or in the service of the notice of appointment to tax, may make such order as he shall consider appro- priate as to the costs of any application or of any order or as to the costs of the taxation and may disallow any item contained in the bill of coats.

23. (1) Not less than two days before the date appointed for taxation, the person who filed the bill of costs in accordance with rule 21 shall deposit with the Registrar all papers and vouchers relating to the items contained in the bill of costs.

(2) If by reason of the failure of such person to deposit such papers and vouchers the taxation is adjourned, the Registrar may make such order as to costs thrown away by such adjournment as he may consider appropriate.

13

24. (1) If at the date and time of an appointment to tax, a person Notice of entitled to be heard upon such taxation does not appear before the taxation. Registrar in person or by his solicitor, the Registrar, on being satisfied that notice of the appointment to tax and a copy of the bill of costs were duly served on such person in accordance with rule 21, may proceed to taxation of the bill of costs in the absence of such person or of his representative.

(2) If notice of the appointment to tax and the copy of the bill of costs were not served upon such person, the Registrar shall adjourn the taxation for such period as he may consider necessary to enable service of the notice of the adjourned uppointmeal to tax and of the bill of costa lo be effected on such person and may make such order as he may consider appropriate in relation to costs thrown away by such adjournment.

25. (1) in any bill of costs the professional charges and the Provisions as disbursements must be entered in separate columns and every columo to bills of must be cast before the bill is left for taxation.

(2) Before a bill of costs is left for taxation it must be indorsed with the name or firm and business address of the solicitor whose bill it is.

costs.

26. The taxing master by whom any taxation proceedings are being Power to conducted may, if he thinks it necessary to do so, adjourn those pro- adjourn. ceedings from time to time.

27. (1) Where any costs are to be paid out of a fund the taxing Powers of master may give directions as to the parties who are entitled to attend faxing master on the taxation of those costs and may disallow the costs of attendance payable out laxing coals of any party not entitled to attend by virtue of the directions and whose of fund. attendance he considers unnecessary.

(2) Where the Court has directed that a solicitor's bill of costs be taxed for the purpose of being paid out of a fund the taxing master by whom the bill is being taxed may, if he thinks it, adjourn the taxation for a reasonable period and direct the solicitor to send to any person having an interest in the fund a copy of the bill, or of any part thereof. free of charge together with a letter containing the following information, that is to say-

(a) that the bill of costs, a copy of which or of part of which is sent with the letter, has been referred to a taxing master for taxation;

(b) the name of the taxing master and the address of the office at

which the taxation is proceeding:

(c) the time appointed by the taxing master at which the taxation

will be continued; and

(d) such other information, if any, as the taxing master may direct.