1965-HKRS30-8-55_Part06 — Page 1

Costs payable to one party

by another

or out of a

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PART V.

ASSESSMENT OF COSTS.

28. (1) This rule applies to costs which by or under these rules or any order or direction of the Court are to be paid to a party to any proceedings either by another party to those proceedings or out of any fund other than a fund which the party to whom the costs are to be paid holds as trustee or personal representative.

(2) Subject to the provisions of this rule, costs to which this culo applies shall be taxed on the party and party basis, and on a taxation on that basis there shall be allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed.

(3) The Court in awarding costs to which this rule applies may. in any case in which it thinks fit to do so, order or direct that the costs shall be taxed on the common fund basis.

(4) On a taxation on the common fund basis, being a more generous basis than that provided for by paragraph (2), there shall be allowed a reasonable amount in respect of all costs reasonably incurred, and paragraph (2) shall not apply, and accordingly in all cases where costs are to be taxed on the common fund basis the ordinary rules applicable on a taxation as between solicitor and client where the costs are to be paid out of a common fund in which the client and others are interested shall be applied, whether or not the costs are in fact to be so paid.

(5) The Court in awarding costs to which this rule applies to any person may if it thinks fit and if

(a) the costs are to be paid out of a fund; or

(b) the person to whom the costs are to be paid is or was a party to the proceedings in the capacity of trustee or personal representative,

order or direct that the costs shall be taxed as if that person were a trustee of the fund or as if the costs were to be paid out of a fund held by that person, as the case may be, and where the Court so orders or directs paragraph (2) of rule 31 shall have effect in relation to the taxa- tion in substitution for paragraph (2).

(6) The provisions of this rule shall be without prejudice to the (22 of 1962), powers of the Court under section 14 of the District Court (Civil Jurisdiction and Procedure) Ordinance 1962 (which empowers the Court in relation to an action commenced in the Court which could have been commenced in the District Court to make an order in certain circumstances allowing the costs on such one of the District Court scales and under such one of the columns in the scale as the order may direct).

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29. (1) On the taxation of a solicitor's bill to his own client, except Costs pay. a bill with respect to non-contentious business, all costs shall be allowed able to a

solicitor by except in so far as they are of an unreasonable amount or have been his own unreasonably incurred.

(2) For the purposes of paragraph (1), all costs incurred with the express or implied approval of the client shall, subject to paragraph (3). be conclusively presumed to have been reasonably incurred and, where the amount thereof has been expressly or impliedly approved by the client, to have been reasonable in amount.

(3) For the purpose of paragraph (1), any costs which in the circumstances of the case are of an unusual nature and such that they would not be allowed on a taxation of costs in a case to which para- graph (2) of rule 28 applies shall, unless the solicitor expressly informed his client before they were incurred that they might not be so allowed. be presumed, until the contrary is shown, to have been unreasonably incurred.

(4) In paragraphs (2) and (3), the references to the client shall be construed

(a) if the client was at the material time a mentally disordered person and represented by a person acting as guardian od litem or next friend, as references to that person acting, where necessary, with the authority of the Court;

(6) if the client was at the material time an infant and represented by a person acting as guardian ad litem or next friend, as references to that person.

30. (1) This rule applies to

client.

Costs payable to solicitor

or on behalf

(a) any proceedings in which money is claimed or recovered by where money or on behalf of, or adjudged or ordered or agreed to be paid to, movered by or for the benefit of, a person who is an infant or a mentally of infant, elc. disordered person or in which money paid into court is accepted by or on behalf of such a person; and

(b) any proceedings in which money is claimed under the Fatal (Cap. 22).

Accidents Ordinance by or on behalf of the widow of the man whose death gave rise to the proceedings or in which money is recovered by or on behalf of, or adjudged or ordered or agreed to be paid to, or for the benefit of that widow in satisfaction of a claim under that Ordinance or in which money paid into court is accepted by her or on her behalf in satisfac- tion of such a claim; and

а

(c) any proceedings in the Full Cour on an application or appeal made in connexion with any such proceedings as are referred to in the provisions of this paragraph.