CHAPTER XX. COSTS. The following sections and rules relate to the question of costs. Sect. 86. Upon hearing the petition, the Court may dismiss the same with or without costs, may adjourn the hearing conditionally or unconditionally, and may make any interim order or any other order that it deems just. 110. The Court may, in the event of the assets being Court to insufficient to satisfy the liabilities, make an order as to the order costs. payment out of the estate of the Company of the costs, charges, and expenses incurred in winding up any Company in such order of priority as the Court thinks just. Rule 70. Solicitors shall be entitled to charge, and be allowed the fees set forth and referred to in the 1st Schedule hereto, unless the Court or Judge shall otherwise specially direct. 71. The fees of Court set forth and referred to in the 2nd Schedule hereto, shall be paid in relation to proceedings in the Court of Chancery under the Companies Act, 1862, and shall be collected by means of stamps, in the manner prescribed by the 39th of the Consolidated General Orders. Taxation of Costs. 72. Where an order is made in Court or chambers for payment of any costs, the order shall direct the taxation thereof by the Taxing Master; except in cases where a gross sum in lieu of taxed costs is fixed by the order in accordance with the 37th rule of the 40th of the Consolidated General Orders. The Schedule referred to in rule 70. FEES AND CHARGES TO BE ALLOWED TO SOLICITORS. For preparing and drawing up every order made s. d. 0 13 004 at Chambers, and attending for same, and at £ the Registrar's Office to get same entered For ingrossing every order, in addition to the above fee, per folio For other duties performed, such of the fees on the higher scale authorized by the 2nd rule of the 38th of the Consolidated General Orders, and the regulations as to solicitors' fees subjoined thereto, as are applicable; except that the special fee allowed on creditors' claims is not to apply. Where under such regulations a fee of three guineas may be allowed for attending any summons or other appointment at the Judge's Chambers, the same may be increased to any sum not exceeding five guineas. The fee of 2s. 6d. allowed by such regulations for notices and services, shall be reduced to 1s. 6d., where the service may be effected as provided by the above rule 63. The usual charges relating to printing shall be allowed in lieu of copies for service where the fee for copies would exceed the charges for printing, and amount to more than 31. In the Examiners' Office. The same Fees as those directed to be paid and In the Record and Writ Clerks' Office, and Report Office. In the Taxing Office. The same Fees as those directed to be paid and In the Office of the Lord Chancellor's Principal Secretary. In the Office of the Secretary at the Rolls. For every petition . 1 0 0 Security. tion. By sect. 86, the costs of a petition to wind up Cost of petia Company are entirely in the discretion of the Court; and on looking into the authorities we find that the following questions have been decided :— When the petitioner was out of the jurisdiction of the Court, he was ordered as in other Chancery proceedings, to give security for the costs occasioned by his petition. (Re Royal Bank of Australia, Ex parte Latta, 3 De Gex & S. 186.) Where two or more petitions to wind up are presented, if presented bona fide, the Court will direct payment of the costs thereof out of the estate of the Company. (Re Leeds Banking Company, unreported.) In the matter of The General Indemnity Assurance Company (5 W. R. 465), V. C. Wood allowed the costs of two out of three petitions, and intimated that in cases where more than one petition is presented the costs of one petition alone will be allowed, unless circumstances were clearly shewn for the presentation of another. Where the petition failed by reason of its not being properly entitled, the petitioner had to pay the costs. (Re South Essex Gas Light and Coke Company, 6 W. R., V. C. K. 234.) The costs of an unsuccessful opposition to a petition were ordered to be borne by the parties opposing. (Re Bosworthen Mines, 28 L. T. 352.) Where a person successfully opposed his being placed on the list of contributories he was held entitled to costs out of the estate. (Re Wrysgare Slate and Slab Quarry Company, 7 W. R. 335.) Where he failed he was ordered to pay costs. (Re Birkbeck Life Assurance Company, 13 W. R. 380.) Where innocent parties partly succeeded in their claim and partly failed, it was ordered that they should neither pay nor receive costs. (Re London and Counties Assurance Company, Wood and Brown's Claim, 10 W. R., V. C. K. 662.) On a petition that a compulsory winding up might be stayed and the Company be wound up under the supervision of the Court, the official liquidator is not entitled to appear. (Re General International Agency Company, 13 W. R. 363.) On a petition that a Company might be wound up under the supervision of the Court and the voluntary winding up stayed, the liquidator was allowed his costs. (Re East Dyliffe Lead and Copper Mining Company, Limited, and Re Snowbrook Silver Lead Mining Company, Limited, both unreported, V. C. Stuart, 1864.) See Collection of Cases on Costs; Lindley on Partnership, vol. 2, pp. 1142 to 1148. costs. A limited Company may be ordered to give Security for security for costs of any action it may commence, and it is apprehended that the enactment would apply in the case of an action brought by the official liquidator in the name of the Company, unless his name is used in the action in such a way as to make him liable. By sect. 69, it is provided as follows: in actions 69. Where a limited Company is plaintiff or pursuer in Provision any action, suit, or other legal proceeding, any Judge having as to costs jurisdiction in the matter may, if it appears by any credible brought by testimony that there is reason to believe that if the defendant certain be successful in his defence the assets of the Company will limited Combe insufficient to pay his costs, require sufficient security to be given for such costs, and may stay all proceedings until such security is given. Various precedents of costs will be found in the Appendix. A form of an order for taxation and payment of costs is set out in the Appendix, but they are at times taxed on request from the chief clerk. panies. |