1988 Ed.] The Rules of the Supreme Court-Order 62
[CAP. 4
withdraws any particular claim made or question raised by him therein as against any defendant, the defendant may tax his costs of the action or his costs occasioned by the matter withdrawn, as the case may be, and, if the taxed costs are not paid within 4 days after taxation, may sign judgment for them.
(2) If a plaintiff accepts money paid into court in satisfaction of the cause of action, or all the causes of action, in respect of which he claims, or if he accepts a sum or sums paid in respect of one or more specified causes of action and gives notice that he abandons the others, then subject to paragraph (4) he may, after 4 days from payment out and unless the Court otherwise orders, tax his costs incurred to the time of receipt of the notice of payment into court and 48 hours after taxation may sign judgment for his taxed costs.
(3) Where a plaintiff in an action for libel or slander against several defendants sued jointly accepts money paid into court by one of the defendants, he may, subject to paragraph (4), tax his costs and sign judgment for them against that defendant in accordance with paragraph (2).
(4) Where money paid into court in an action is accepted by the plaintiff after the trial or hearing has begun, the plaintiff shall not be entitled to tax his costs under paragraph (2) or (3).
When order for taxation of costs not required (O. 62, r. 11)
11. (1) Where an action, petition or summons is dismissed with costs, or a motion is refused with costs, or an order of the Court directs the payment of any costs, or any party is entitled under rule 10 to tax his costs, no order directing the taxation of those costs need be made.
(2) Where a summons is taken out to set aside with costs any proceeding on the ground of irregularity and the summons is dismissed but no direction is given as to costs, the summons is to be taken as having been dismissed with costs.
A 233
[Subsidiary]
App. A. Form 51.
App. A. Form 51.
POWERS OF TAXING OFFICERS
Powers of taxing masters to tax costs (O. 62, r. 12)
12. (1) A taxing master shall have power to tax-
(a) the costs of or arising out of any cause or matter in the Supreme Court;
(b) the costs directed by an award made on a reference to arbitration under any enactment or pursuant to an arbitration agreement to be paid; and
(c) any other costs the taxation of which is directed by an order of the Court.
1988 Ed.] The Rules of the Supreme Court-Order 62
[CAP. 4
withdraws any particular claim made or question raised by him therein as against any defendant, the defendant may tax his costs of the action or his costs occasioned by the matter withdrawn, as the case may be, and, if the taxed costs are not paid within 4 days after taxation, may sign judgment for them.
(2) If a plaintiff accepts money paid into court in satisfaction of the case of action, or all the causes of action, in respect of which he claims, or if he accepts a sum or sums paid in respect of one or more specified causes of action and gives notice that he abandons the others, then subject to paragraph (4) he may, after 4 days from payment out and unless the Court otherwise orders, tax his costs incurred to the time of receipt of the notice of payment into court and 48 hours after taxation may sign judgment for his taxed costs.
(3) Where a plaintiff in an action for libel or slander against several defendants sued jointly accepts money paid into court by one of the defendants, he may, subject to paragraph (4), tax his costs and sign judgment for them against that defendant in accordance with paragraph (2).
(4) Where money paid into court in an action is accepted by the plaintiff after the trial or hearing has begun, the plaintiff shall not be entitled to tax his costs under paragraph (2) or (3).
When order for taxation of costs not required (O. 62, r. 11)
11. (1) Where an action, petition or summons is dismissed with costs, or a motion is refused with costs, or an order of the Court directs the payment of any costs, or any party is entitled under rule 10 to tax his costs, no order directing the taxation of those costs need be made.
(2) Where a summons is taken out to set aside with costs any proceeding on the ground of irregularity and the summons is dismissed but no direction is given as to costs, the summons is to be taken as having been dismissed with costs.
A 233
[Subsidiary]
App. A. Form 51.
App. A. Form 51.
POWERS OF TAXING OFFICERS
Powers of taxing masters to tax costs (O. 62, r. 12)
12. (1) A taxing master shall have power to tax-
(a) the costs of or arising out of any cause or matter in the
Supreme Court;
(b) the costs directed by an award made on a reference to arbitration under any enactment or pursuant to an arbitra- tion agreement to be paid; and
(c) any other costs the taxation of which is directed by an
order of the Court.
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