TAXATION OF COSTS (S.J.) RULES

TAXATION OF COSTS (S.J.) RULES

Charges.

129. Writing any necessary letter 2.50
130. or according to circumstances, per folio 0.75
131. The Registrar may allow such fee as he thinks
proper in respect of every other matter or
thing not hereinbefore specifically mentioned.
Where no fee is specified in the scale, the
Registrar shall be guided by principles of
English practice except where such principles
conflict with the Hong Kong scale.

TAXATION OF COSTS (S.J.) RULES.

(Cap. 4, section 37).
(Ordinance No. 3 of 1873).

[24th April, 1903.1

1. These rules may be cited as the Taxation of Costs (S.J.) Rules.

2. In the following rules, 'exceeding' and 'not exceeding' refer in
the case of a plaintiff to the amount recovered and in the case of a
defendant to the amount claimed.

3. In actions or proceedings other than those for the recovery of
money and in actions where claims for the recovery of moneys are
joined with other claims, the judge, having regard to the value and
nature of the subject-matter of the action or proceeding, shall direct
under which of the scales hereinafter set forth the costs (if any) shall
be taxed.

4. Notwithstanding anything in these rules to the contrary, the
judge, if of opinion that the action involved a novel or difficult point of
law, or that the question litigated was of importance to some class or
body of persons, or of general or public interest, may award costs
under Scale Ill to the plaintiff on any amount recovered, however small,
or to the defendant who successfully defends an action brought for
any amount, however small; and, in actions other than those for the
recovery of a debt or liquidated demand in





money, the judge, if lie shall think that the preparation or conduct of
the case has involved unusual trouble or difficulty' or for other good
cause shown, may, in awarding costs, direct that they shall be taxed on
any scale higher than that hereinafter made applicable.

5. Subject as aforesaid, no costs shall be allowed in actions not
exceeding ten dollars, and in other actions costs shall be taxed and
allowed in accordance with the following scales as well between
solicitor and client as between party and party Provided that where a
client shall have paid or agreed to pay a sum of money for the conduct
of any suit or proceeding, or has agreed to pay costs and charges
beyond those provided for in these rules, the taxing officer may, in his
discretion, as between solicitor and client, allow any costs or charges
not exceeding the amount which may have been paid or agreed to be
paid.

6. Occasional costs shall only be allowed where from the nature
or the case it was reasonable and necessary that they should be
incurred.

7. In awarding the costs of' any action or proceeding, tile judge
may at the hearing for good cause show shown disailow the costs of
any particular matter in connexion with such action Or

SCALE I.
Actions exceeding $10 but not exceeding $50.

1. Instructions for, and preparing summons, Charfes.

attending and entering ....................... 2.00

2. each copy for service ....0.50
3. Instructions to defend ...2.00
4. Attending in court and conducting case 5.00 to $20.00
5. Attending court when judgment entered by
consent without hearing .....5.00

6. Costs of the day on adjournment of hearing

(if certified by judge) . 5.00

7. Attending to hear judgment 2.00
8. Taxing (including all costs connected there-
with) .......................4.00

SCALE II.
Actions exceeding $50 but not exceeding $200

9. Letter before action ....... 2.00
10. Instructions for, and preparing summons,
attending and entering ........4.00

1 L. each copy..............for service .............................. 0.50





Charges.

12. Instructions to defend . 2.00
13. Attending in court if counsel instructed, per

day ........................10.00 to$20.00
14. Drawing brief for counsel, per folio, (if

counsel certified for by judge) : ....... 0.50

15. Attending in court if counsel not instructed,
per day (of 5 hours) ........15.00 to 30.00
16. Counsel (if certified for by judge) 60.00
17. Refresher, after every 5 hours of hearing 15.00 to 25.00
18. Attending court when judgment entered by
consent without hearing .....10.00
19. Costs of. the day on adjournment of healing (if

certified for by judge) .....7,00
20. Attending to hear judgment 3.00
21. Taxing (including all costs connected there-
with) .......................5.00

SCALE III.

Actions exceeding $200.

22. Letter before action ... 2.00

23. Instructions to sue or defend 4.00
24. Preparing writ of summons and attending
issuing ......................6.00
25. Drawing brief for counsel, per folio 0.50
26. Attending counsel therewith 2.00
27. Fee for counsel (if certified for by judge) 25.00 to $80.00
28. Conference fee to counsel 10.00 to20.00
29. Attending court on trial with counsel, per day
(5 hours) ....................35.00
30. Attending court and conducting case where no
counsel employed, per day (5 hours) 20.00 to 50.00
31. Attending court when judgment entered by

consent without trial ......15.00
32. Costs of the day on adjournment of hearing if
certified for by the judge .10.00
33. Attending to hear judgment-
solicitor ..................4.00
counsel ....................10.00
34. Taxing costs (including all costs connected
therewith) .................6.00
or where the bill exceeds 8 folios, 50 cents
per folio extra.

Occasional costs applicable to all the above scales.

service out of jurisdiction 2.50

36. Drawing and engrossing affidavit of service 2.50
37. Attending to file same ..2.00
38. Drawing and engrossing notice of special
defence .....................4.00
39. Attending taking minutes of evidence of each

witness ...1 .............3.00







40. if more than 6 folios, every additional folio 0.50
41. Conference with counsel .7.00
42. Serving any notice or other document 2.00





Charges.

43. Drawing and engrossing notice to produce,
notice to admit, notice of application for a
pew trial or to set aside proceedings includ-
ing copies, service and attending the
Registrar therewith .......... 5.00
44. Receiving any of the above notices and

thereon ...1 ............2.00 to 4.00

45. All attendances in court on applications or
motions or on summons in chambers, or per
hour .........................4.00
46. Drawing and engrossing all necessary affidavits
not exceeding 5 folios including filing 2.50
47. for every additional folio 0.50
.18. Any necessary attendances at the Registry or
upon the opposite party or on client 2.00
49. All necessary letters ....2.00
50. Drawing and engrossing pleadings signed by
party ........................15.00
51. or per folio .............0.50
52. Counsel's fee for any pleading 20.00
53. Perusal of document, per folio 0.25
54. Certified translations including obtaining cer-
tificate, per folio ..........0.50
55. Drawing accounts and other documents not
included in the foregoing costs but allowed
upon taxation of costs to be necessary, per

folio .......... .......1 0.40

56. Engrossing or copying, per folio 0.20
57. Judge's summons or ex parte application 2.00
58. or per folio .............0.50

Any other matters or proceedings

Half the costs allowed for solicitors' charges in respect of a similar matter or
proceeding in original jurisdiction.

Expert withnesses half the allowance in original jurisdiction,

1

COSTS (INCREASE) RULES.

(Cap. 4, section 37).
(Ordinance No. 3 of 1873).

[3rd July, 1931.1

1. These

rules may be cited at the Costs (Increase.) Rules.

2. The 101,11 in any bill OF costs Of fees of a solicitor (as distinct from
payment) in respect of business done in ally cause or matter in the
Supreme Court on and after the
Regulations. Fraser, vol. 1, p. 104. Regulations-Fraser, vol. 1, p. 110.

Regulations. Fraser, vol. 1, p. 104. Regulations-Fraser, vol. 1, p. 110.

https://oelawhk.lib.hku.hk/items/show/1640

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