A 232
CAP. 4]
The Rules of the Supreme Court--Order 62 [1988 Ed.
[Subsidiary]
App. A. Form 50.
not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.
(8) In any proceeding in which the party by whom the fees prescribed by any enactment relating to court fees are payable is represented by a solicitor, if the fees or any part of the fees payable under the said enactment are not paid as therein prescribed, the Court may, on the application of the Crown Solicitor by summons, order the solicitor personally to pay that amount in the manner so prescribed and to pay the costs of the Crown Solicitor of the application.
Fractional or gross sums in place of taxed costs (O. 62, r. 9)
9. (1) Subject to this order, where by or under these rules or any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs.
(2) Paragraph (1) shall not apply to costs which by or under any order or direction of the Court-
(a) are to be paid to a receiver appointed by the High Court under section 21L of the Ordinance in respect of his remuneration, disbursements or expenses; or
(b) are to be assessed or settled by a taxing master,
but rules 28, 28A, 31 and 32 shall apply in relation to the assessment or settlement by a taxing master of costs which are to be assessed or settled as aforesaid as they apply in relation to the taxation of costs by a taxing master.
(3) Where a writ in an action is endorsed in accordance with Order 6, rule 2(1)(b), and judgment is entered on failure to give notice of intention to defend or in default of defence for the amount claimed for costs (whether alone or together with any other amount claimed), paragraph (1) of this rule shall not apply to those costs, but if the amount claimed for costs as aforesaid is paid in accordance with the indorsement (or is accepted by the plaintiff as if so paid) the defendant shall nevertheless be entitled to have those costs taxed.
(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled-
(a) to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or
(b) to a gross sum so specified in lieu of taxed costs, but where the person entitled to such a gross sum is a litigant in person, rule 28A shall apply with the necessary modifications to the assessment of the gross sum as it applies to the taxation of the costs of a litigant in person.
When a party may sign judgment for costs without an order (O. 62, r. 10)
10. (1) Where a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or
A 232
CAP. 4]
The Rules of the Supreme Court--Order 62 [1988 Ed.
[Subsidiary]
App. A. Form 50.
not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.
(8) In any proceeding in which the party by whom the fees prescribed by any enactment relating to court fees are payable is represented by a solicitor, if the fees or any part of the fees payable under the said enactment are not paid as therein prescribed, the Court may, on the application of the Crown Solicitor by summons, order the solicitor personally to pay that amount in the manner so prescribed and to pay the costs of the Crown Solicitor of the application.
Fractional or gross sums in place of taxed costs (O. 62, r. 9)
9. (1) Subject to this order, where by or under these rules or any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs.
(2) Paragraph (1) shall not apply to costs which by or under any order or direction of the Court-
(a) are to be paid to a receiver appointed by the High Court under section 21L of the Ordinance in respect of his remu- neration, disbursements or expenses; or
(b) are to be assessed or settled by a taxing master,
but rules 28, 28A, 31 and 32 shall apply in relation to the assessment or settlement by a taxing master of costs which are to be assessed or settled as aforesaid as they apply in relation to the taxation of costs by a taxing master.
(3) Where a writ in an action is endorsed in accordance with Order 6, rule 2(1)(b), and judgment is entered on failure to give notice of intention to defend or in default of defence for the amount claimed for costs (whether alone or together with any other amount claimed), paragraph (1) of this rule shall not apply to those costs, but if the amount claimed for costs as aforesaid is paid in accordance with the indorsement (or is accepted by the plaintiff as if so paid) the defendant shall nevertheless be entitled to have those costs taxed.
(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled-
(a) to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or
(b) to a gross sum so specified in lieu of taxed costs, but where the person entitled to such a gross sum is a litigant in person, rule 28A shall apply with the necessary modifica- tions to the assessment of the gross sum as it applies to the taxation of the costs of a litigant in person.
When a party may sign judgment for costs without an order (O. 62,
r. 10)
10. (1) Where a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or
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