Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.52B

Costs-only proceedings

(1)
This section applies
where—
(a)
the parties to a dispute have agreed on all the issues in dispute, including who is to pay the costs of and incidental to the dispute;
(b)
the agreement has been made or confirmed in writing;
(c)
no proceedings relating to the dispute have been commenced; and
(d)
the parties have failed to agree on the amount of the costs of and incidental to the dispute.
(2)
Subject to any other Ordinance, either party to the agreement may commence proceedings for an order for the costs of and incidental to the dispute, in accordance with rules of court.
(3)
In any proceedings commenced under subsection (2) or transferred to the Court of First Instance under
section 53B
of the District Court Ordinance (
Cap. 336
), the Court of First Instance
may—
(a)
make an order for the costs of and incidental to the dispute to be taxed or assessed;
(b)
make an order awarding costs to or against any party to the proceedings; and
(c)
make an order awarding costs against a person who is not a party to the proceedings, if it is satisfied that it is in the interests of justice to do so.
(4)
A reference to costs in subsection
(3
)(
b)
and (c) is a reference to the costs of and incidental to the proceedings commenced under subsection (2) or transferred to the Court of First Instance under
section 53B
of the District Court Ordinance (
Cap. 336
).
(5)
In subsection (3),
Court
                    of First
                Instance
(
原訟法庭
) includes the Registrar and a
                Master.