PART 11
COSTS AND ASSESSMENT
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Rules of Court to apply
147.  Subject to the provisions of this Part, the provisions of the Rules of Court relating to costs apply, with the necessary modifications, to the allowance and assessment of costs in any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules.
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Award of costs
148.—(1)  When awarding costs of any matter or application under Part 3 or Parts 13 to 22 of the Act or these Rules, the Court may —
(a)direct that the costs be assessed on the standard basis or on the indemnity basis; or
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(b)fix a sum to be paid in lieu of assessed costs.
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(2)  Unless the Court otherwise directs, the costs of an opposed application under Part 3 or Parts 13 to 22 of the Act or these Rules are to follow the event and are to be assessed on the standard basis.
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(3)  Where an action is brought against the Official Assignee or a trustee in bankruptcy as representing the estate of a bankrupt or debtor, or where the Official Assignee or the trustee in bankruptcy is made party to any proceedings on the application of any other party to the proceedings, the Official Assignee or the trustee in bankruptcy is not personally liable for costs.
Costs to be allowed in accordance with Second Schedule
149.  Subject to the provisions of this Part, the costs specified in the second column of the Second Schedule are allowed in respect of the matter specified opposite in the first column of that Schedule unless the Court otherwise orders.
Disallowance of costs of unnecessary bankruptcy application
150.  Where a creditor’s bankruptcy application has been filed against a debtor and, before it is heard, the debtor files a bankruptcy application on which a bankruptcy order is made, no costs are to be allowed to the debtor or the debtor’s solicitor out of the estate, unless the Court considers that the estate has benefited by the debtor’s conduct, or that in the special circumstances costs should be allowed out of the estate.
Sheriff’s costs
151.—(1)  Where under section 368(1) of the Act, the Sheriff is required to deliver property or the possession of the property to the trustee of a bankrupt’s estate, the Sheriff must without delay, bring in the Sheriff’s bill of costs to be assessed by the Registrar.
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(2)  Unless the bill mentioned in paragraph (1) is brought in for assessment within one month after the date of delivery mentioned in that paragraph or within such longer period as the Official Assignee may allow, the trustee of the bankrupt’s estate mentioned in that paragraph may decline to pay it.
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Assessment of Sheriff’s costs after deduction
152.—(1)  If the trustee of a bankrupt’s estate requires in writing any costs which the Sheriff has deducted under section 368(4) of the Act to be assessed, the Sheriff must, within 14 days after the date of the request, bring in the costs for assessment.
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(2)  The costs deducted by the Sheriff must be assessed by the Registrar and any amount disallowed on assessment must immediately be paid over by the Sheriff to the trustee of the bankrupt’s estate.
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Apportionment of costs in case of partnership
153.—(1)  In the case of a bankruptcy application filed against a partnership, costs payable out of the estate incurred up to and inclusive of the bankruptcy order must be apportioned between the joint and separate estates of the partners in such proportions as the trustee of the joint and separate estates may determine.
(2)  Where 2 or more persons are appointed as trustees of the joint and separate estates of the partners, the costs mentioned in paragraph (1) must be apportioned in such proportions —
(a)as may be agreed between all the trustees; or
(b)failing any agreement mentioned in sub‑paragraph (a) — as determined by the Court upon an application by any of the trustees.
Application for costs
154.  Where a party to, or person affected by, any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules, desires to apply for an order that the party or person be allowed the costs (or any part of the costs) of the party or person (as the case may be) incidental to the proceeding, and the application is not made at the time of the proceeding —
(a)the party or person (as the case may be) must serve notice of the intended application on the trustee of the bankrupt’s estate in question;
(b)the trustee of the bankrupt’s estate in question may appear at the hearing of the application and object to the application; and
(c)no costs of or incidental to the application are to be allowed to the applicant unless the Court is satisfied that the application could not have been made at the time of the proceeding.
Filing of costs orders
155.  Every order under Part 3 or Parts 13 to 22 of the Act or these Rules for payment of moneys or costs must be —
(a)sealed and signed by the Registrar; and
(b)immediately filed with the proceedings.
Assessment of costs
156.  Except where a fixed sum has been awarded as costs, costs directed by any order under Part 3 or Parts 13 to 22 of the Act or these Rules to be paid or assessed must be assessed on production of the order and the allocatur duly stamped must be signed and dated by the Registrar.
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Contents of bill of costs
157.  The rules for the time being in force in the General Division of the High Court relating to the form and contents of a bill of costs apply to every bill of costs, charges or expenses to be assessed under this Part.
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Lodgment of bills
158.—(1)  Bills of costs chargeable against a bankrupt’s estate and which are to be assessed must be lodged for perusal with the trustee of the bankrupt’s estate.
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(2)  The party whose costs or charges are to be assessed must, on recovering the bill of costs from the trustee of the bankrupt’s estate, lodge it with the Registrar.
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Notice of appointment to assess
159.  Upon receiving an appointment to assess a bill of costs, the person whose costs or charges are to be assessed must give at least 7 days’ notice of appointment to the trustee of the bankrupt’s estate against which the bill of costs is chargeable.
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Certificate of employment of solicitor by trustee in bankruptcy
160.  Before assessing the costs or charges of any solicitor employed by a trustee in bankruptcy, the Registrar must require a copy of the authority sanctioning the employment of a solicitor.
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Solicitor’s costs in case of debtor’s bankruptcy application
161.  A debtor’s solicitor in the matter of a bankruptcy application filed by the debtor against the debtor must, in the solicitor’s bill of costs, give credit for any sum or security received from the debtor as a deposit on account of the costs and expenses to be incurred in relation to the filing and prosecution of the bankruptcy application, and the amount of any such deposit must be noted by the Registrar on the allocatur issued for the costs.
Non-contentious business
162.  The Legal Profession Act (Cap. 161) applies to a solicitor’s remuneration for non‑contentious business in relation to a bankrupt’s property or estate.
Where same solicitor is employed for 2 or more persons having same interest
163.—(1)  Where the same solicitor is employed for 2 or more persons having the same interest, and separate papers are delivered or other proceedings are had by or for 2 or more such persons separately, the Registrar must consider in the assessment of such solicitor’s bill of costs under this Part whether those separate papers or other proceedings were reasonable.
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(2)  The Registrar may allow any part of the costs occasioned by the delivery of separate papers or the conduct of separate proceedings (as the case may be) as the Registrar thinks is reasonable, and any doubts which the Registrar may have as to whether the costs were reasonably incurred are to be resolved in favour of the paying party.
Neglect or delay in assessment
164.—(1)  If a person whose costs, charges or expenses are to be assessed under this Part refuses or neglects when directed to do so to bring them in for assessment or to produce them for assessment, the Registrar may allow such sum as the Registrar thinks appropriate for such person’s costs or may assess them at a nominal figure.
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(2)  A solicitor who delays or impedes an assessment under this Part must, unless the Registrar otherwise directs, forfeit the fees to which the solicitor would otherwise be entitled for drawing the solicitor’s bill of costs and for attending the assessment.
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Filing of bills and issue of allocator
165.  Upon completion of the assessment of any costs, charges or expenses under this Part, the person presenting the bill of costs, charges or assessment must immediately file the bill with the proceedings and request the Registrar to issue to that person the Registrar’s allocatur or certificate of assessment.
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Where allocatur is lost or destroyed
166.  Where it is proved to the satisfaction of the Registrar that an allocatur or certificate of assessment issued under rule 165 has been lost or destroyed, the Registrar may issue a duplicate of the allocatur or certificate of assessment.
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Costs paid otherwise than out of estate
167.  Where a bill of costs is assessed under a special order of the Court which directs that the costs are to be paid otherwise than out of the estate of the bankrupt, the Registrar must note upon the allocatur by whom, or the manner in which, the costs are to be paid.
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Review of assessment
168.—(1)  Where any costs, charges, fees or disbursements which are chargeable against a bankrupt’s estate have been assessed, the trustee of the bankrupt’s estate may require the assessment to be reviewed by a Judge.
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(2)  Where the trustee of a bankrupt’s estate requires an assessment to be reviewed, the trustee must give notice to the person whose bill is to be reviewed of the time appointed for the review.
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(3)  If, upon the review of the assessment of a bill, the amount previously allowed on the bill is reduced, the amount disallowed must, if the bill has been paid, be repaid to the trustee of the bankrupt’s estate in question or other person entitled to the amount.
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(4)  The person whose bill is reviewed may be allowed such costs of and incidental to the person’s appearance on the review as the Judge thinks proper, and such costs must be paid out of the estate.
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Production of vouchers
169.  A voucher must be produced on assessment for every payment failing which such payment is disallowed.
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