CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1213
issues in fact
360. Where issues in fact and in law are raised upon a claim or counterclaim, the costs of the several issues respectively, both in fact and in law, shall, unless the Court otherwise orders, follow the event.
O.65 r. 2.
H. K. Code,
361. Under the denomination of costs are included the whole of the expenses reasonably incurred by either party on account of the action or other proceeding, and in enforcing the judgment or order made therein, such as the expense of summoning the parties and witnesses and of other process, and of procuring copies of documents, fees and costs of counsel and solicitor, fees and costs of special juries, charges of witnesses, and expenses of commissioners, either in taking evidence or in investigating accounts.
s. 94 (2).
matters not
362.--(1) So far as the scale of Court fees and fees and costs of counsel and solicitor for the time being in use in the Court may be incomplete, all questions relating to the amount and reasonableness of such fees and costs shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the said scale, having regard to the skill, labour, and responsibility involved, subject, nevertheless, to a review of such determination by way of summary application to the Court in Chambers.
(2) The payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any general rule or order of the Court.
363.--(1) The Court may, if in any case it thinks fit, require any party to an action or other proceeding, either at the commencement or at any time during the progress thereof, to give security for costs, and, in the case of a plaintiff, may stay proceedings until such security has been given.
[ib. s. 94 (4).]
(2) A plaintiff ordinarily resident out of the jurisdiction may be required to give security for costs, although he may be temporarily resident within the jurisdiction.
O.65 r. 6.
(3) The security shall be of such amount, and be given at such times, and in such manner and form as the Court may direct.
ib. r. 6.
(4) Where a bond is to be given as security, it shall, unless the Court otherwise directs, be given to the party or person in whose favour the security is ordered to be given.
ib. r. 7.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1213
issues in fact
360. Where issues in fact and in law are raised upon a claim or Costs of counterclaim, the costs of the several issues respectively, both in and in law. fact and in law, shall, unless the Court otherwise orders, follow the 0.65 r. 2. event.
H. K. Code,
361. Under the denomination of costs are included the whole of Definition the expenses reasonably incurred by either party on account of the of costs. action or other proceeding, and in enforcing the judgment or order s. 94 (2). made therein, such as the expense of summoning the parties and witnesses and of other process, and of procuring copies of docu- ments, fees and costs of counsel and solicitor, fees and costs of special juries, charges of witnesses, and expenses of commissioners, either in taking evidence or in investigating accounts.
matters not
362.--(1) So far as the scale of Court fees and fees and costs of Taxation of counsel and solicitor for the time being in use in the Court may be costs in incomplete, all questions relating to the amount and reasonableness provided for. of such fees and costs shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the said scale, having regard to the skill, labour, and responsibility involved, subject, nevertheless, to a review of such determination by way of summary application to the Court in Chambers.
(2) The payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any general rule or order of the Court.
363.--(1) The Court may, if in any case it thinks fit, require any Security for party to an action or other proceeding, either at the commencement costs. or at any time during the progress thereof, to give security for costs,
[ib. s. 94 (4).] and, in the case of a plaintiff, may stay proceedings until such security has been given.
(2) A plaintiff ordinarily resident out of the jurisdiction may be 0.65 r. 6. required to give, security for costs, although he may be temporarily resident within the jurisdiction.
(3) The security shall be of such amount, and be given at such ib.r.6. times, and in such manner and form as the Court may direct.
(4) Where a bond is to be given as security, it shall, unless the ib.7.7. Court otherwise directs, be given to the party or person in whose favour the security is ordered to be given.
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