782
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Indorsement to be made on judgment requiring act to be done within limited time. O. 41, r. 5.
Effect and enforcement of order of the court.
357. Every judgment made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment, within which the act is to be done and on the copy of the judgment which is served on the person required to obey the same there shall be indorsed a memorandum in the words or to the effect following—
"If you, the within-named C.D., neglect to obey this judgment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment."
Order of the court.
358. Every order of the court in any cause or matter shall have the same force and effect as a judgment of the court and may be enforced by and against all persons affected or bound thereby, subject to the same rules and in the same manner as a judgment to the same effect.
H.K. Code, O.42, r. 24.
s. 80.
CHAPTER XV.
COSTS.
General discretion of court as to costs. H.K. Code, s. 94(1).
O. 65, r. 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.
Costs of issues in fact and in law.
Definition of costs.
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.
361. Under the denomination of costs are included the whole of the expenses reasonably incurred by either party on
782
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Indorsement
to be made on judgment requiring act to be
done within limited time. O. 41, r. 5.
Effect and
of order of the court.
357. Every judgment made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment, within which the act is to be done and on the copy of the judgment which is served on the person required to obey the same there shall be indorsed a memorandum in the words or to the effect following—
*
"If you, the within-named C.D., neglect to obey this judg- ment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment."'
Order of the court.
358. Every order of the court in any cause or matter shall enforcement have the same force and effect as a judgment of the court and may be enforced by and against all persons affected or bound thereby, subject to the same rules and in the same manner as a judgment to the same effect.
H.K. Code, 0.42, r. 24.
s. 80.
CHAPTER XV.
COSTS.
General
court as to
costs. H.K. Code, s. .94 (1).
0. 65, r. 1.
359. The costs of every action, and of each particular pro- power of the ceeding 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 proceed- ings 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 commence- ment 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.
Costs of issues in
fact and in law.
Definition of costs.
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.
361. Under the denomination of costs are included the whole of the expenses reasonably incurred by either party on
No comments yet.
Private notes are available after approval.