Full legislation
s.52A
Costs in Court of First Instance and Court of Appeal in its civil jurisdiction
(1)
Subject to the provisions of rules of court, the costs of and incidental to all proceedings in the Court of Appeal in its civil jurisdiction and in the Court of First Instance, including the administration of estates and trusts, shall be in the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid.
(Amended
25 of 1998 s. 2
)
(2)
Without prejudice to the generality of subsection (1), the Court of Appeal or the Court of First Instance may, in accordance with rules of court, make an order awarding costs against a person who is not a party to the relevant proceedings, if the Court of Appeal or the Court of First Instance, as the case may be, is satisfied that it is in the interests of justice to do so.
(Replaced
3 of 2008 s. 31
)
(3)
Nothing in subsection (1) shall alter the practice in any criminal cause or matter, or in bankruptcy.
(4)
In any civil proceedings before it, the Court of Appeal or the Court of First Instance may, in accordance with rules of court, by order disallow, or order the legal representative concerned to meet, the whole or any part of any wasted costs.
(Added
3 of 2008 s. 22
)
(5)
When determining whether or not to make an order under subsection (4), the Court of Appeal or the Court of First instance shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice.
(Added
3 of 2008 s. 22
)
(6)
In subsection (4),
wasted
costs
(
虛耗訟費
) means any costs incurred by a
party as a result
of—
(a)
an improper or unreasonable act or omission; or
(b)
any undue delay or other misconduct or default,
on the part of any legal representative, whether personally or through an employee or agent of the legal representative.
(Added
3 of 2008 s. 22
)
(7)
In this section,
legal
representative
(
法律代表
), in relation to a party to any
proceedings, means a counsel or solicitor conducting litigation on behalf of the
party.
(Added
3 of 2008 s. 22
)