A 16
[Subsidiary] Copy of bill. R114.
Applications for costs.
R115.
Costs of
shorthand notes.
R118.
G.N.A. 124/55.
(Cap. 6.)
Disallowance of costs of unnecessary petition. R119.
Apportionment
of costs in case of partnership. R120.
Costs out of joint and
separate estates. R121.
CAP. 6]
Bankruptcy Rules
[1977 Ed.
37. Every person whose bill or charges is or are to be taxed shall, on the application of either the Official Receiver or the trustee, furnish a copy of his bill or 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.
38. 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—
(a) 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;
(b) the Official Receiver and the trustee may appear on such
application and object thereto;
(c) 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.
39. Where at the instance of the Official Receiver a shorthand writer 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 authorized 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.
40. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has 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.
41. In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver may in his discretion determine.
42. (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to 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
A 16
[Subsidiary] Copy of bill. R114.
Applications for costs.
R115.
Costs of
shorthand notes.
R118.
G.N.A. 124/55.
(Cap. 6.)
Disallowance of costs of unneces- sary petition. R119.
Apportionment
of costs in case of partnership. R120.
Costs out of joint and
separate estates. R121.
CAP, 6]
Bankruptcy Rules
[1977 Ed.
37. Every person whose bill or charges is or are to be taxed shall, on the application of either the Official Receiver or the trustee, furnish a copy of his bill or 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.
38. 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—
(a) 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;
(b) the Official Receiver and the trustee may appear on such
application and object thereto;
(c) 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.
39. Where at the instance of the Official Receiver a short- hand writer 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 authorized 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.
40. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has 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.
41. In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver may in his discretion determine.
42. (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to 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
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