1988 Ed.] The Rules of the Supreme Court-Order 62
ICAP. 4
A 249
[Subsidiary]
PART I
COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM
1. The scale of costs set out in Part II of this Schedule (which includes the scale prescribed pursuant to section 72 of the District Court Ordinance) shall apply in relation to the following cases if the writ of summons therein was issued after 1 January 1966, and was indorsed with a claim for a debt or liquidated demand only, that is to say--
(a) cases in which the defendant pays the amount claimed within the time and in the manner required by the indorsement of the writ;
(b) cases in which the plaintiff obtains judgment on failure to give notice of intention to defend under Order 13, rule 1, or judgment in default of defence under Order 19, rule 2;
(c) cases in which the plaintiff obtains judgment under Order 14, rule 3, either unconditionally or unless that sum is paid into court or to the plaintiff's solicitors.
2. Notwithstanding anything in paragraph 1 of this Schedule or in the said scale, no costs shall be allowed in any case to which the said paragraph 1 applies unless-
(a) the Court orders costs to be allowed; or
(b) in a case to which sub-paragraph (b) of paragraph 1 applies, judgment or an order for judgment, as the case may be, is obtained within 28 days after the service of the writ or within such further time as the Court may allow.
3. In every case to which the said scale applies there shall be added to the basic costs set out in the said scale the fee which would have been payable on the issue of a writ for the amount recovered.
(Cap. 336.)
PART II
SCALE OF COSTS
Item Scale $
Basic Costs To be allowed in cases under-
sub-paragraph (a) of paragraph 1 sub-paragraph (b) of paragraph 1 sub-paragraph (c) of paragraph 1
400.00 505.00 650.00
Additional Costs
1. For each additional defendant after the first 65.00
2. Where substituted service is ordered and effected, for each defendant served 500.00
3. Where service out of the jurisdiction is ordered and effected 225.00
4. In the case of judgment in default of defence or judgment under Order 14, rule 3, where notice of intention to defend is given after the time limited therefor and the plaintiff makes an affidavit of service for the purpose of a judgment on failure to give notice of intention to defend (the allowance to include the search fee) 120.00
5. In the case of judgment under Order 14, rule 3, where an affidavit of service of summons is required 120.00
6. In the case of judgment under Order 14, rule 3, for each adjournment of the summons 50.00
7. In the case of judgment on failure to give notice of intention to defend on all application by notice under Order 83A, rule 4, (which applies to moneylenders' actions)-
(a) where judgment is given for interest at a rate exceeding 48 per cent per annum on production of an affidavit justifying the rate 120.00
(b) in any other case 60.00
(c) for each additional defendant after the first 30.00
1988 Ed.] The Rules of the Supreme Court-Order 62
ICAP. 4
A 249
[Subsidiary]
PART I
COSTS ON JUDGMENT WITHOUT TRIAL FOR A LIQUIDATED SUM
1. The scale of costs set out in Part II of this Schedule (which includes the scale prescribed pursuant to section 72 of the District Court Ordinance) shall apply in relation to the following cases if the writ of summons therein was issued after 1 January 1966, and was indorsed with a claim for a debt or liquidated demand only, that is to say--
(a) cases in which the defendant pays the amount claimed within the time and
in the manner required by the indorsement of the writ;
(b) cases in which the plaintiff obtains judgment on failure to give notice of intention to defend under Order 13, rule 1, or judgment in default of defence under Order 19, rule 2;
(c) cases in which the plaintiff obtains judgment under Order 14, rule 3, either unconditionally or unless that sum is paid into court or to the plaintiff's solicitors.
2.
Notwithstanding anything in paragraph 1 of this Schedule or in the said scale, no costs shall be allowed in any case to which the said paragraph 1 applies unless-
(a) the Court orders costs to be allowed; or
(b) in a case to which sub-paragraph (b) of paragraph I applies, judgment or an order for judgment, as the case may be, is obtained within 28 days after the service of the writ or within such further time as the Court may allow.
3. In every case to which the said scale applies there shall be added to the basic costs set out in the said scale the fee which would have been payable on the issue of a writ for the amount recovered.
(Cap. 336.)
PART II
SCALE OF COSTS
Item
Scale
$
Basic Costs
To be allowed in cases under-
sub-paragraph (a) of paragraph 1
sub-paragraph (b) of paragraph I
sub-paragraph (c) of paragraph 1
400.00
505.00
650.00
Additional Costs
1.
For each additional defendant after the first
65.00
2
Where substituted service is ordered and effected, for each defendant served
500.00
3.
Where service out of the jurisdiction is ordered and effected
225.00
4.
In the case of judgment in default of defence or judgment under Order 14, rule 3, where notice of intention to defend is given after the time limited therefor and the plaintiff makes an affidavit of service for the purpose of a judgment on failure to give notice of intention to defend (the allowance to include the search fee)
120.00
5.
In the case of judgment under Order 14, rule 3, where an affidavit of service of summons is required
120.00
6.
In the case of judgment under Order 14, rule 3, for each adjournment of the summons
50.00
7.
In the case of judgment on failure to give notice of intention to defend on all application by notice under Order 83A, rule 4, (which applies to moneylenders' actions)-
(a) where judgment is given for interest at a rate exceeding 48 per cent
per annum on production of au affidavit justifying the rate
120.00
(b) in any other case
60.00
(c) for each additional defendant after the first
30.00
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