189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 8

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18,

>

36. Every person whose bill or charges is or are Copy of to be taxed shall, on application either of the Official bill. Receiver or the trustec, furnish a copy of his bill or R114. charges so to be taxed. The Official Receiver shall call the attention of the trustee to any items which, in his opinion, ought to be disallowed or reduced and may attend or be represented on the taxation.

37. Where any party to, or person affected by, Applications any proceeding desires to make an application for an for costs. order that he be allowed his costs, or any part of R115. them, incident to such proceeding, and such applica- tion is not made at the time of the proceeding--

(1) such party or person shall serve notice of his intended application on the Official Receiver, and, if a trustee has been appointed, on the trustee :

(2) the Official Receiver and trustee may appear on such application and object thereto:

(3) no

costs of or incident to such application shall be allowed to the applicant, unless the court is satisfied that the application could not have been made at the time of the proceeding,

38. Where at the instance of the Official Receiver Costs of

notes.

R118.

a shorthand writer not already in the service of shorthand Government is appointed to take notes of the examination of the debtor at his public examination, the cost of such notes shall be deemed to be an expense incurred or authorised by the Official Receiver, and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of section 37 of the Ordinance.

unnecessary

39. In any case in which, after a bankruptcy Disallowance petition has been presented by a creditor against a of costs of debtor, and before the hearing of such petition, the petition. debtor files a petition, and a receiving order is made R119. on the petition of the debtor, unless in the opinion of the court the estate bas benefited thereby, or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate.

40. In the case of a bankruptcy petition against a Apportion- partnership, the costs payable out of the estates ment of

costs in case incurred up to and inclusive of the receiving order of partner- shall be apportioned between the joint and separate ship. estates in such proportions as the Official Receiver R120. may in his discretion determine.

estates.

41.-(1) Where the joint estate of any co-debtors Costs out is insufficient to defray any costs or charges properly of joint and incurred prior to the appointment of the trustee, the separate Official Receiver may pay or direct the trustee to R121. pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the Trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.

(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mention- ed, may pay such costs or charges out of the separate

1932. 803