DISTRICT COURT CIVIL PROCEDURE (COSTS) RULES

DISTRICT COURT CIVIL PROCEDURE (COSTS) RULES

RICT COURT CIVIL PROCEDURE (COSTS) RULES

ARRANGEMENT OF RULES
RU
Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B2
2. Interpretation ... ... .. . ... ... ... ... ... ... ... ... ... ... ... B 2
3. Applicability of the Rules of Supreme Court ... ... ... ... ... ... ... ...
B 2
4. Scale of costs ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 2
5. Taxation of bill of costs less than $20,000 ... ... ... ... ... ... ... ...
B 2
6. Costs on transfer of proceedings ... ... ... ... ... ... ... ... ... ...
B 2
7. Directions by ajudge ... ... ... ... ...
... ... ... ... ... ... ... ... B 2
8. Certificate for counsel ... ... ... ... ... ... ... ... ... ... ... ...
B 3
9. Costs for witnesses etc. ... ... ... ...
... ... ... ... ... ... ... ... B 3
10. Apportionment of costs ... ... ... ...
... ... ... ... ... ... ... ... B 3
11. Costs under items 5 and 6 of First Schedule ... ... ... ... ... ... ... ...
B 3
12. [Had its effect] ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 3
13. Savings and transitional ... ... ... ...
... ... ... ... ... ... ... ... B 3

First Schedule. Scale of Costs ... ... ... ... ... ... ... ... ... ... ... ... B 3

Second Schedule...Fixed Costs ................. ... ... ... ... ...
... ............B 5





DISTRICT COURT CIVIL PROCEDURE (COSTS) RULES

(Cap. 336, section 72) -

[1 December 1986.]

1. These rules may be cited as the District Court Civil Procedure (Costs)
Rules.

2. In these rules, unless the context otherwise requires

'scale' means a scale of costs established by rule 4;

'taxation' means a taxation of a bill of costs carried out under these rules.

3. Subject to these rules and to necessary modifications, the provisions of
the Rules of the Supreme Court relating to taxation of a bill of costs shall apply
to a taxation of costs of proceedings in the Court.

4. (1) The scale of costs specified in the First Schedule shall have effect
for the purpose of regulating the costs of proceedings in the Court.

(2) The fixed costs specified in the Second Schedule shall be allowed to
the solicitor for the plaintiff or judgment creditor without taxation unless
ajudge otherwise orders.

5. (1) A party entitled to require any costs to be taxed shall file in Court
his bill of costs and obtain from the Registrar an appointment to tax.

(2) In any proceedings for taxation where the amount on the bill of costs
does not exceed $20,000 the Registrar may in the first instance, by notice in
writing, inform the parties entitled to be heard on taxation, the amount which he
proposes to allow as costs on taxation.

(3) The Registrar shall allow costs in the amount specified

in any notice under paragraph (1) unless within 14 days after the
service of such notice any person entitled to be heard on taxation
applies for an appointment to tax.

6. Where proceedings have been transferred to the Court from the High
Court, costs incurred after the date of such transfer shall, subject to section 43
of the Ordinance, be governed by these rules.


7. (1) A judge may direct the Registrar to allow or disallow on.taxation
any item in the scale,

(2) Subject to any direction of a judge, the Registrar shall not allow on
taxation any item in the scale where he is of the opinion that it was not
necessary to perform the work or incur the expense to which such item relates.





8. (1) No fee for counsel shall be allowed on taxation unless
a judge certifies that the case is fit for counsel.

(2) Where a party appearing by counsel is awarded costs, but
the costs of employing counsel are not allowed, the Registrar may,
on taxation, allow such costs as may have been allowed if the party
had appeared by a solicitor and not by counsel.

9. * There may be allowed on taxation in respect of the
attendance of parties and of witnesses such reasonable amounts as
the Registrar thinks fit.

10. Where judgment is given with costs against 2 or more
parties, the Registrar may, on taxation, subject to any direction
of a judge, apportion any item of costs between those parties.

11. The Registrar shall not, on taxation, allow as costs under
item 5 or 6 of the First Schedule an amount which exceeds 2/3 of
the amount which he would have allowed in respect of such item had
the taxation been carried out by him in accordance with the scale
applicable to a taxation of costs in the Supreme Court.

12. [Had its effect]

13. Nothing in these rules shall affect any proceedings com-
menced before the commencement of these rules which have not
been finally disposed of before the commencement of these rules,
and any order for or relating to costs made in such proceedings
shall have effect as if these rules had not been made.

FIRST SCHEDULE [rule 4(1).]

SCALE OF COSTS

Item Particulars Charge
1.Mechanical preparation of documents-
(a) for the top copy, per page-
(i) quarto size or above ......S50
(ii) less than quarto size ....530
(b) for additional copies, either by photographic means,
printing, carbon or any other method, per page of what-
ever size ................................................ S 3

2. Attendance suitable for unqualified staff, such as for filing of
documents, delivery or collection of papers and to make ap-
pointments, whether such attendance are made by qualified or
unqualified persons, for each attendance S65

3.Attendance for necessary search and enquiries-such fee as
the Registrar thinks proper but not less than $25 for each
attendance.

4.Service of any documents-such fee as the Registrar thinks
proper but not less than $25 in each case.





Item Particulars

5.The Registrar may allow such fee as he thinks proper in
respect of every other matter or thing not hereinbefore
specially mentioned.

Note to item 5: This item is intended to cover

(a)the doing of any work not otherwise provided for and
which was properly done in preparing for a trial, hearing
or appeal, or before a settlement of the matters in
dispute, including

(i)The client: taking instructions to sue, defend,
counterclaim, appeal or oppose etc.; attending upon
and corresponding with client;

(5)Witnesses: interviewing and corresponding with
witnesses and potential witnesses, taking and
preparing proofs of evidence and, where
appropriate, arranging attendance at Court,
including issue of subpoena;

(iii)Expert evidence: obtaining and considering reports
or advice from experts and plans, photographs and
models; where appropriate arranging their
attendance at Court, including issue of subpoena;

(iv)Inspections: inspecting any property or place
material to the proceedings;

(v)Searches and inquiries: making searches in
Government Registries and elsewhere for relevant
documents;

(vi)Special damages: obtaining details of special damage
and making or obtaining any relevant calculations;

(vii)Other parties: attending upon and corresponding
with other parties or their solicitors;

(viii) Discovery: perusing, considering or collating
documents for affidavit or list of documents;
attending to inspect or produce for inspection any
documents required to be produced or inspected by
order of the Court;

(ix)Documents: drafting, perusing, considering and
collating any relevant documents (including
pleadings, affidavits, cases and instructions to and
advice from counsel, orders and judgments) and any
law involved;

(x)Negotiations: work done in connexion with
negotiations with a view to settlement;

(xi)Attendance: attendances at Court (whether in court
or chambers) for the hearing of any summons or
other application, on examination of any witness,
on the trial or hearing of a cause or matter, on any
appeal and on delivery of any judgment;
attendances on counsel in conference, and any
other necessary attendances;

(xii)Interest: where relevant the calculation of interest

on damages; and

(xiii) Notices: preparation and service of miscellaneous
notices, including notices to witnesses to attend
Court; and

(b) the general care and conduct of the proceedings.

6.Taxation of Costs-obtaining the appointment, preparing bill
of costs and copies and attending to lodge; attending
taxation, paying taxing fee and lodging certificate or order.





SECOND SCHEDULE [rule 4(2).]

FIXED COSTS

PART I

Writs

1. The Table hereunder shows the amount to be entered on the writ in respect
of the solicitor's charges in an action for the recovery ofnIoney for the purpose of rule
14(1) of the District Court Civil Procedure (General) Rules and of Part II of this
Schedule.

2. The amount entered in accordance with the Table hereunder shall be
increased by-
(a) a sum equal to the appropriate court fees;
(b) $40 for every defendant after the first defendant;
(c)such amount as may be assessed by the Registrar in the case of substituted
service.

3. The Table hereunder shall not apply where the writ is to be served out ofthe
jurisdiction.

TABLE OF FIXED COSTS

1. On Writ-
(a) where service is not by a solicitor $300
(b) where service is by a solicitor $450

PART II

Judgment

The amount to be included in the judgment in respect of the plaintiff's
solicitor's charges shall be the amount entered on the writ and in addition the amount
shown below-
(1) Where judgment is entered or given-
(a) in default of appearance (including affidavit and attendances);
(b) in default of defence; or
(c) upon the defendant's admission or consent, or summarily $300
(2) Where judgment is upon a trial ex parte-
(a) where no defence has been filed 4500
(b) where a defence has been filed $700
Note:
Subject to any order as to costs, where the plaintiff's solicitor has necessarily attended
court more than once, a further sum of $300 shall be allowed in respect of each such
additional attendance.

PART III

Executions

Fixed Costs on the Issue ofExecution to
Enforce a Judgment or Order

Where execution is issued against ajudgment debtor or garnishee for the purpose
of enforcing a judgment or order obtained against him, fixed costs of $350 shall be
allowed to the judgment creditor's solicitor and be entered on the writ of execution.
L.N. 273/86. Citation. Interpretation. Applicability of the Rules of Supreme Court. (Cap. 4, sub. leg.) Scale of costs. First Schedule. Second Schedule. Taxation of bill of costs less than $20,000. Costs on transfer of proceedings. Directions by a judge. Certificate for counsel. Costs for witnesses etc. Apportionment of costs. Costs under items 5 and 6 of first Schedule. Savings and transitional.

L.N. 273/86. Citation. Interpretation. Applicability of the Rules of Supreme Court. (Cap. 4, sub. leg.) Scale of costs. First Schedule. Second Schedule. Taxation of bill of costs less than $20,000. Costs on transfer of proceedings. Directions by a judge. Certificate for counsel. Costs for witnesses etc. Apportionment of costs. Costs under items 5 and 6 of first Schedule. Savings and transitional.

https://oelawhk.lib.hku.hk/items/show/3272

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