1964_RULES_OF_THE_SUPREME_COURT — Page 229

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 62

[CAP. 4

whole proceedings, both before and after the transfer or removal, may (subject to any order of the court ordering the transfer or removal) be dealt with by the Court to which the proceedings are transferred or removed.

(3) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another court, rules 28, 31 and 32 shall not apply in relation to those costs, but, except in relation to costs of proceedings transferred or removed from the District Court, the order-

(a) shall specify the amount of the costs to be allowed, or

(b) shall direct that the costs shall be assessed by the court before which the proceedings took place or taxed by an officer of that court, or

(c) if the order is made on appeal from the District Court in relation to proceedings in that court, may direct that the costs shall be taxed by the taxing master.

Special matters to be taken into account in exercising discretion

(O. 62, r. 5)

5. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account----

(a) any such offer of contribution as is mentioned in Order 16, rule 10, which is brought to its attention in pursuance of a reserved right to do so;

(b) any payment of money into court and the amount of such payment;

(c) any written offer made under Order 33, rule 4A(2); and (d) any written offer made under Order 22, rule 14, provided that the Court shall not take such an offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under Order 22.

Restriction of discretion to order costs (O. 62, r. 6)

6. (1) Notwithstanding anything in this Order or in section 52A of the Ordinance-

(c) unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will.

(2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he

A 229

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1988 Ed.] The Rules of the Supreme Court-Order 62 [CAP. 4 whole proceedings, both before and after the transfer or removal, may (subject to any order of the court ordering the transfer or removal) be dealt with by the Court to which the proceedings are transferred or removed. (3) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another court, rules 28, 31 and 32 shall not apply in relation to those costs, but, except in relation to costs of proceedings transferred or removed from the District Court, the order- (a) shall specify the amount of the costs to be allowed, or (b) shall direct that the costs shall be assessed by the court before which the proceedings took place or taxed by an officer of that court, or (c) if the order is made on appeal from the District Court in relation to proceedings in that court, may direct that the costs shall be taxed by the taxing master. Special matters to be taken into account in exercising discretion (O. 62, r. 5) 5. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account---- (a) any such offer of contribution as is mentioned in Order 16, rule 10, which is brought to its attention in pursuance of a reserved right to do so; (b) any payment of money into court and the amount of such payment; (c) any written offer made under Order 33, rule 4A(2); and (d) any written offer made under Order 22, rule 14, provided that the Court shall not take such an offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under Order 22. Restriction of discretion to order costs (O. 62, r. 6) 6. (1) Notwithstanding anything in this Order or in section 52A of the Ordinance- (c) unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will. (2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he A 229 [Subsidiary]

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1988 Ed.] The Rules of the Supreme Court-Order 62 [CAP. 4 whole proceedings, both before and after the transfer or removal, may (subject to any order of the court ordering the transfer or removal) be dealt with by the Court to which the proceedings are transferred or removed. (3) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another court, rules 28, 31 and 32 shall not apply in relation to those costs, but, except in relation to costs of proceedings transferred or removed from the District Court, the order- (a) shall specify the amount of the costs to be allowed, or (b) shall direct that the costs shall be assessed by the court before which the proceedings took place or taxed by an officer of that court, or (c) if the order is made on appeal from the District Court in relation to proceedings in that court, may direct that the costs shall be taxed by the taxing master. Special matters to be taken into account in exercising discretion (0. 62, r. 5) 5. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account---- (a) any such offer of contribution as is mentioned in Order 16, rule 10, which is brought to its attention in pursuance of a reserved right to do so; (b) any payment of money into court and the amount of such payment; (c) any written offer made under Order 33, rule 4A(2); and (d) any written offer made under Order 22, rule 14, provided that the Court shall not take such an offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under Order 22. Restriction of discretion to order costs (O. 62, r. 6) 6. (1) Notwithstanding anything in this Order or in section 52A of the Ordinance- (c) unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will. (2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he A 229 [Subsidiary]

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