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Rules of the Superior Courts

Amendment to: Order 99
S.I. No. 79 of 1989: Rules of the Superior Court (No. 3), 1989


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3. Order 99 is hereby amended by the substitution of the following rules, respectively, for rules 49 to 57, inclusive, of Order 99 and the substitution of the following part for Part IV of Appendix W.


ORDER 99
      X Bankruptcy.

      49. The following classes of costs may be taxed without an order:


        (a) the costs of the petitioning creditor of his petition and of the proceedings thereunder upto and including the statutory sitting (hereinafter referred to as "the petitioning creditors general costs");

        (b) any other costs of the petitioning creditor directed by the Court to form part of the petitioning creditors general costs;

        (c) any costs as between the Official Assignee and the solicitor appointed by the Official Assignee to have carriage of the proceedings on his behalf, upon the application of the Official Assignee;

        (d) any costs as between a trustee in bankruptcy and the solicitor appointed to have carriage of the proceedings on his behalf, upon the application of the trustee;

        (e) any other costs to which the Official Assignee or trustee in bankruptcy is declared entitled by the Court.


      50. The costs of a bankruptcy summons shall be included in the petitioning creditors general costs when the act of bankruptcy relied upon is failure to comply with the requirements of a bankruptcy summons.

      51. The costs and fees payable to solicitors in respect of proceedings in bankruptcy shall be those prescribed in Appendix W Part IV.

      52. The costs of the employment of a separate solicitor under rule 25 shall, on production of the certificate of taxation therefor, be paid out of the estate in due priority, unless the Court shall otherwise direct.

      53. The Examiner may himself measure a sum for costs where the judge so directs or where the parties concerned so consent or where he considers that the amount which would be allowed on taxation would not exceed £5,000.

      54. (1) When the gross proceeds of the assets realised in any bankruptcy do not exceed £1,500, the disbursements, of the petitioning creditors solicitor together with three-fifths only of the professional charges of such solicitor shall be allowed, unless the Court otherwise directs.

      (2) When there has been no realisation, or the realisation is incomplete, if the Court is satisfied that the assets are likely to realise at least £1,500, and shall so direct, the Taxing Master shall allow the full professional charges and disbursements.

      55. No sum shall be paid by or allowed to the Official Assignee for or on account of costs without an Order of the Court unless such sum does not exceed the amount for the time being specified in section 61 (3) (h) of the Bankruptcy Act, 1988.

      56. (1) When a bankruptcy inspector or messenger or assistant shall have for execution two or more warrants in distinct matters in bankruptcy or arrangement which are or may be executed at the same time or in continuous journey without returning to Dublin, the travelling and other expenses incurred for the entire journey shall be apportioned between the different bankruptcies or arrangements, as the case may be, and no duplicate charges shall in any case be allowed.

      (2) The Official Assignee shall be at liberty to advance money to the Bankruptcy Inspector or to an assistant on undertaking any journey.

      57. A copy of each bill in bankruptcy, when taxed, shall be filed forthwith with the Examiner in the matter to which it relates.

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4. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 3), 1989.

5. These rules shall come into operation on 24 April, 1989.