Review by laxing moster
Review of taxing master's certificate by a judge.
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Provided that no application under this rule for review of a decision in respect of any item may be made after the signing of the taxing master's certificate dealing finally with that item,
(3) Every applicant for review under this rule shall at the time of making his application deliver to the taxing master objections in writing specifying by a list the items or parts of items the allowance or disallowance of which, or the amount allowed in respect of which, is objected to and stating concisely the nature and grounds of the objection in cach case, and shall deliver a copy of the objections to each other party, if any, who attended on the taxation of those items or to whom the taxing officer directs that a copy of the objections shall be delivered.
(4) Any party to whom a copy of the objections is delivered under this rule may, within fourteen days after delivery of the copy to him or such shorter period as may be fixed by the taxing master, deliver to the taxing master answers in writing to the objections stating concise- ly the grounds on which he will oppose the objections, and shall at the same time deliver a copy of the answers to the party applying for review and to each other party, if any, to whom a copy of the objections has been delivered or to whom the taxing master directs that a copy of the answers shall be delivered,
(5) An application under this rule for review of the laxing master's decision in respect of any item shall not prejudice the power of the taxing master under rule 17 to issue an interim certificate in respect of items his decision as to which is not objected to.
34. (1) A review under rule 33 shall be carried out by the taxing master to whom the taxation was originally assigned.
(2) On reviewing any decision in respect of any item, a taxing master may receive further evidence and may exercise all the powers which he might exercise on an original taxation in respect of that items, including the power to award costs of and incidental to the proceedings before him; and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs.
(3) A (axing master who has reviewed a decision in respect of any itom shall issue his certificate accordingly and, if requested to do so by any party to the proceedings before him, shall state in bis certi- ficate or otherwise in writing by reference to the objections to that decision the reasons for his decision on the review, and any special facts or circumstances relevant to it.
35. (1) Any party who is dissatisfied with the decision of a taxing master to allow or to disallow any item in whole or in part on review under the two last foregoing rules, or with the amount allowed in respect of any item by a taxing master on any such review, may apply
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to a Judge for an order to review the taxation as to that item or part of an item.
(2) An application under this rule for review of a taxing master's decision in respect of any item may be made at any time within fourteen days after the taxing master's certificate in respect of that item is signed, or such longer time as the taxing master at the time when he signs the certificate, or the Court at any time, may allow.
(3) An application under this rule shall be made by summons and shall, except where the Judge thinks fit to adjourn into court, be heard in chambers.
(4) Unless the Judge otherwise directs, no further evidence shall be received on the hearing of an application under this rule, and no ground of objection shall be raised which was not raised on the review by the taxing master but, save as aforesaid, on the hearing of any such application the Judge may exercise all such powers and discretion as are vested in the taxing master in relation to the subject matter of the application.
(5) If the Judge thinks fit to exercise in relation to an application under this rule the power of the Court to appoint assessors under section 29 of the Supreme Court Ordinance, the Judge shall appoint (Cap. 4). not less than two assessors, of whom one shall be a taxing master.
(6) On an application under this rule the Judge may make such order as the circumstances require, and in particular may order the taxing master's certificate to be amended or, except where the dispute as to the item under review is as to amount only, onder the item to be remitted to the same or another taxing master for taxation.
(7) In this rule “Judge” means a judge in person,
36. (1) The following enactments are revoked--
(a) the Taxation of Costs (0.J.) Rules;
(b) the Costs (Increase) Rules; and
Revocation and amendment, (Vol. VII. p. 23).
(Vol. VII. D. 31).
(c) rules affecting further increase in costs appearing on page 3 (G.N.A.
of the Regulations of Hong Kong 1952.
(2) The Code is amended--
(a) by the deletion, in rule 15 of Order II, of paragraph (2); (6) by the deletion of rule 41 of Order LII;
(c) by the deletion of rule 25 of Order Vil and the substitution
therefor of the following-
"Notice to
admit documents.
0. 32, 1. 2.
25. Any party may call upon any other party to admit any documents, saving all just exception.":
7/32).
(VOL VIL p. 134).
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