228322-1936-Companies-Winding-up-Rules-1936 — Page 36

1196

THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 31, 1936.

Applications for costs.

R. 184.

Certificate of taxation.

R. 185.

Form 91.

Certificate of employment. R. 186.

Scale of costs and taxation.

Review of

assets of the Company. The Official Receiver shall call the attention of the Liquidator to any items which, in his opinion, ought to be disallowed or reduced, and may attend or be represented on the taxation.

173. Where any party to, or person affected by, any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to such proceeding, and such application 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 or on the Liquidator, as the case may be.

(2) The Official Receiver or Liquidator 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.

174. Upon the taxation of any bill of costs, charges, or expenses being completed, the Taxing Officer shall issue to the person presenting such bill for taxation his allowance or certificate of taxation. The bill of costs, charges, and ex- penses, together with the allowance or certificate, shall be filed with the Registrar.

175. Where the bill or charges of any solicitor, mana- ger, accountant, auctioneer, broker, or other person employed by an Official Receiver or Liquidator, is or are payable out of the assets of the Company, a certificate in writing, signed by the Official Receiver or Liquidator, as the case may be, shall on the taxation be produced to the Taxing Officer setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanction- ing the employment of a solicitor to assist the Liquidator in the performance of his duties, and the instructions given to such solicitor by the Liquidator.

176. All costs properly incurred in a winding-up by the Court shall be allowed in the case of a Company the paid up capital or capital credited as paid up of which does not exceed $100,000 on the Summary Jurisdiction Scale and in the case of all other Companies on the Original Jurisdiction Scale of the Supreme Court and such costs shall be taxed by the Registrar.

177. The procedure and practice of the Supreme Court taxation and shall be observed in all reviews of taxation. appeals

thereon.

R. 190.

Liquidator's charges.

R. 191.

Costs and Expenses Payable out of the Assets of the Company.

178.-(1) Where a Liquidator or Special Manager in a winding-up by the Court receives remuneration for his services as such, no payment shall be allowed on his accounts in respect of the performance by any other person of the ordinary duties which are required by Ordinance or Rules to be performed by himself.

(2) Where a Liquidator is a solicitor he may contract that the remuneration for his services as Liquidator shall in- clude all professional services.