CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1199
CHAPTER XV.
COSTS.
s. 94 (1).
359. The costs of every action, and of each particular proceeding therein, and of every proceeding before the court, including the administration of an estate or trust, shall be in the discretion of the court; and the court shall have full power to award and apportion costs in any manner it may deem proper: Provided that nothing herein contained shall deprive any executor, administrator, trustee, or mortgagee who has not unreasonably instituted, or carried on, or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules acted upon in the equity jurisdiction of the court previously to the commencement of the Hong-Kong Code of Civil Procedure: Provided, also, that where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the court for good cause otherwise orders.
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).
s. 94 (3).
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.
H. K. Code,
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1199
CHAPTER XV.
COSTS.
court as
s. 94 (1).
359. The costs of every action, and of each particular General proceeding therein, and of every proceeding before the power of the court, including the administration of an estate or trust, to costs. shall be in the discretion of the court; and the court shall H. Code, have full power to award and apportion costs in any manner O. 65, r. 1. it may deem proper: Provided that nothing herein contain- ed shall deprive any executor, administrator, trustee, or mortgagee who has not unreasonably instituted, or carried on, or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules acted upon in the equity jurisdiction of the court previously to the commencement of the Hong- kong Code of Civil Procedure: Provided, also, that where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the court for good cause otherwise orders.
and in law.
360. Where issues in fact and in law are raised upon a Costs of claim or counterclaim, the costs of the several issues issues in fact respectively, both in fact and in law, shall, unless the court 0.65, r. 2. otherwise orders, follow the event.
H. K. Code,
361. Under the denomination of costs are included the Definition of whole of the expenses reasonably incurred by either party on costs. account of the action or other proceeding, and in enforcing s. 94 (2). the judgmen 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.
mallers nob
s. 94 (3),
362.--(1) So far as the scale of court fees and fees and Taxation of costs of counsel and solicitor for the time being in use in the costs in court may be incomplete, all questions relating to the amount provided for. and reasonableness of such fees and costs shall be referred H. K. Code, 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 determina- tion by way of summary application to the court in chambers.
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