(2) The Court shall not require a plaintiff to give security by reason only of sub-rule (l) (c) of this rule if he satisfies the court that the failure to state his address or the misstatement thereof was made innocently and without intention to deceive. (3) The reference in the foregoing rule to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counter-claim. Principle to be observed in fixing costs 2. (1) In fixing the amount of costs, the principle to be observed is that the party who is in the right is to be indemnified for the expenses to which he has been unnecessarily put in the proceedings, as well as compensated for his time and effort in coming to Court. The Judge may take into account all the circumstances of the case. (2) When costs are ordered to be paid, the amount of such costs shall, if practicable, be summarily determined by the judge at the time of delivering the Judgment or making the order. (3) When the judge deems it to be impracticable to determine summarily the amount of any costs which the judge has adjudged or ordered to be paid, all questions relating thereto shall be referred by the judge to a taxing officer for taxation. Security for costs. 3. In any cause or matter in which security for costs is required, the security shall be of such amount and be given at such times and in such manner and form as the judge shall direct. Security for costs by plaintiff temporarily within jurisdiction. 4. A plaintiff ordinarily resident out of jurisdiction may be ordered to give security for costs though he may be temporarily resident within the jurisdiction. Action founded on Judgment or bill of exchange. 5. In actions brought by persons resident out of the jurisdiction, when the plaintiff's claim is founded on Judgment or order or on a bill of exchange or other negotiable instrument the power to require the plaintiff to give security for costs shall be exercised at the judge's discretion. Bond as security for costs. 6. Where a bond is to be given as security for costs, it shall, unless the judge otherwise directs, be given to the party or person requiring the security and not to an officer of the court. Costs at discretion of Court. 7. Subject to the provisions of any applicable law and these Rules, the costs of and incidental to all proceedings in the Court, including the administration of estates and trusts, shall be at the

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos