Lands Tribunal Ordinance

(1)
The costs of and incidental to all proceedings in the Tribunal are in the discretion of the Tribunal, and the Tribunal has full power to determine by whom and to what extent the costs are to be paid.
(2)
Without prejudice to the generality of subsection (1), the Tribunal may make an order awarding costs against a person who is not a party to the relevant proceedings, if the Tribunal is satisfied that it is in the interests of justice to do so.
(3)
In any proceedings before it, the Tribunal may by order disallow, or order the legal representative concerned to meet, the whole or any part of any wasted costs.
(4)
When determining whether or not to make an order under subsection (3), the Tribunal shall, in addition to all other relevant circumstances, take into account the interest that there be fearless advocacy under the adversarial system of justice.
(5)
Where the Tribunal has made an award of costs under subsection (1), (2) or (3), it may order that those costs be taxed in accordance
with—
(a)
the
First Schedule
and the
Second Schedule
to Order 62 of the Rules of the High Court (
Cap. 4 sub. leg. A
); or
(b)
Schedule 1
and
Schedule 2
to Order 62 of the Rules of the District Court (
Cap. 336 sub. leg. H
).
(6)
The Registrar or a Master of the High Court, or the registrar or a deputy registrar or assistant registrar of the Tribunal may tax the costs ordered to be taxed under subsection (5).
(7)
Notwithstanding subsection (1) and
section 12C
but subject to subsection (5) and any rules made by the Chief Justice under
section 10(3)
, Order 62 of the Rules of the High Court (
Cap. 4 sub. leg. A
) applies, with the necessary modifications, to the award, taxation and recovery of costs in the Tribunal.
(8)
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;
Master
(
聆案官
) has the meaning given to it by
sections 37
,
37AC
,
37A
and
37B
of
                the High Court Ordinance (
Cap. 4
);
wasted
                        costs
(
虛耗訟費
) means any costs incurred by a
                    party as a result
of—
(a)
any improper or unreasonable act or omission; or
(b)
any undue delay or any other misconduct or default,
on the part of any legal representative, whether personally or through an employee or agent of the legal representative.