Order 49 FCT (Civil Procedure) Rules 2025

Order 49 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Costs. It contains the following rules:

1. (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
   necessarily put in the proceedings, as well as compensated
   for his time and effort in coming to Court. The Court 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 Court at the time of delivering the judgment or making the
order.
(3) When the Court finds it impracticable to determine
summarily the amount of any costs which he has adjudged
or ordered to be paid, all questions relating to it shall be
referred by the Court to a taxing officer for taxation.
(4) This Order shall not apply to proceedings commenced
under Order 51 of these Rules.

2. In any cause or matter in which security for costs is
   required, the security shall be of such amount, time,
   manner and form as the Court shall direct.
3. A claimant ordinarily resident out of the jurisdiction may
   be ordered to give security for costs, though he may be
   temporarily resident within the jurisdiction.
4. In actions brought by persons resident out of the
   jurisdiction, when the claimant’s claim is founded on a
   judgment, order, a bill of exchange or other negotiable
   instrument, the power to require the claimant to give
   security for costs shall be exercised at the Court’s
   discretion.

5. Where a bond is to be given as security for costs, it shall,
   unless the Court otherwise directs, be given to the party or
   person requiring the security and not to an officer of the
   Court.
6. Subject to the provisions of any applicable law and these
   rules, the costs incidental to all proceedings in the High
   Court, including the administration of estates and trusts,
   shall be at the discretion of the Judge, and he shall have
   power to determine by whom and the costs to be paid.
7. The Court may order any cost to be paid out of any fund or
   property to which a suit or proceedings relates.

8. Where the Court orders costs to be paid or security to be
   given for costs by any party, the Court may order all costs
   by or on behalf of that party in the same suit or proceedings
   connected with it, to be stayed until the costs are paid or
   security given accordingly, but such order shall not
   supersede the use of any other lawful method of enforcing
   payment.
9. Costs may be dealt with by the Judge at any stage of the
   proceedings.
   10 In addition to any penalty payable for default under these
   rules, the costs occasioned by any application to extend the
   time fixed by the rules or any direction or order, for
   delivering or filing any document or doing any other act,
   including the costs of any order made on the application
   shall be borne by the party making the application unless
   the Court otherwise directs.

11. The Court in exercising its discretion as to costs shall take
    into account any offer or contribution made by any of the
    parties, payment into Court and the amount of such
    payment.
12. (1) Where in any cause or matter anything is improperly or
    unnecessarily done or omitted to be done by or on behalf of
    a party, the Court may direct that any cost arising from it
    shall not be allowed to him and that any cost occasioned by
    it to other parties shall be paid by him to them.
    (2) Without prejudice to the generality of sub-rule 1 of this
    rule, the Court shall for the purpose of that sub-rule have
    regard in particular to the following matters:
    (a) The omission to do anything which if done
    would have been calculated to save costs;
    (b) The doing of anything calculated to occasion or
    in a manner or at a time calculated to occasion
    unnecessary costs; and

(c) Any unnecessary delay in the proceedings.
(3) The Court may instead of giving a direction under subrule 1 of this rule in relation to anything done or omission
made, direct the taxing officer to enquire into it and if it
appears that such a direction should have been given, to act
as if the appropriate direction had been given.

13. (1) Subject to the following provisions of this rule, where in
    any proceedings costs are incurred improperly, without
    reasonable cause, by undue delay or by any other
    misconduct or default, the Court, may make an order
    against any legal practitioner whom it considers to be
    responsible, whether personally or through a servant or
    agent:
    (a) Disallowing the costs between the legal
    practitioner and his client; and
    (b) Directing the legal practitioner to pay to his
    client costs which the client has been ordered to
    pay to other parties; or
    (c) Directing the legal practitioner personally to
    indemnify such other parties against costs
    payable by them.

(2) The provisions of rule 13 sub-rule I shall apply where
proceedings in Court cannot conveniently proceed or are
adjourned without useful progress being made because of
the failure of the legal practitioner to;
(a) Attend in person or by a proper
representative; or
(b) Deliver any document for the use of the Court which ought to have been delivered or to be prepared with any evidence, account or generally to proceed.
(3) No order under this rule shall be made against a legal
practitioner unless he has been given a reasonable opportunity to appear before the Court to show cause why the order should not be made.
(4) The Court may direct that notice of any proceedings or order against a legal practitioner under this rule shall be given to his client in such manner as may be specified in the direction.
(5) If, on the taxation of costs to be paid out of a fund, onesixth or more of the amount of the bill for those costs is taxed off, the legal practitioner whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.

14. Every bill of costs, other than a bill delivered by a legal
    practitioner to his client which falls to be taxed under the
    Legal Practitioners Act, shall be referred to the Registrar for
    taxation and may be taxed by him or such other taxing
    officer as the Chief Judge may appoint.
15. The party applying for taxation, shall file the bill and give
    notice to any other party entitled to be heard on the
    taxation, and shall, if he has not already done so, supply
    them with a copy of the bill.
16. A taxing officer shall have power to tax any cost the
    taxation of which is required by any law or directed by
    order of the Court.

17. A taxing officer may, in the discharge of his functions on
    taxation of costs,
    take an account of any dealing in money made in
    connection with the payment of the costs being taxed, if the
    Court;
    (a) Require any party represented jointly with any
    other party in any proceedings before him to be
    separately represented;
    (b) Examine any witness in those proceedings;
    (c) Direct the production of any document which
    may be relevant in connection with those proceedings.

18. (1) A taxing officer may:
    (a) Extend the period within which a party is
    required by these rules to begin proceedings for
    taxation or to do anything in connection with
    proceedings before him;
    (b) Where no period is specified by these rules or by
    the Court for the doing of anything in
    connection with such proceedings, specify the
    period within which the thing is to be done.
    (2) Where an order of the Court specifies a period within
    which anything is to be done by or before a taxing officer,
    unless the Court otherwise directs, the taxing officer may
    on such terms as he deems fit extend the period so
    specified.
    (3) A taxing officer may extend any such period as is
    referred to in the foregoing provisions of this rule although
    the application for extension is not made until after the
    expiration of that period.

19. Where a party entitled to be paid costs is also liable to pay
    costs, the taxing officer may;
    (a) Tax the costs which that party is liable to pay and set
    off the amount allowed against the amount he is
    entitled to be paid and direct payment of any
    balance; or
    (b) Delay the issue of a certificate for the costs he is
    entitled to be paid until he has paid or tendered the
    amount he is liable to pay.
20. (1) A party entitled to require any costs to be taxed shall
    begin proceedings for the taxation of those costs by filing in
    the registry a bill of costs and obtain a date and time for the
    taxation. Such party shall give at least 7 days notice to every
    other party of the date and time appointed for taxation proceedings and at the same time serve a copy of its bill of costs to the other party if he has not already done so.
    (2) A notice under sub-rule 1 of this rule need not be given to any party who has not entered an appearance or taken any part in the proceedings which gave rise to the taxation proceedings.

21. (1) In any bill of costs the professional charge and the disbursements shall be entered in separate columns and every column shall be set out before the bill is left for taxation.
    (2) Before a bill of costs is left for taxation it shall be endorsed with:
    (a) The name or firm and business address of the legal practitioner whose bill it is; and
    (b) If the legal practitioner is the agent of another with the name or firm and business address of that other legal practitioner.
22. (1) If any party entitled to be heard in any taxation
    proceedings does not attend within a reasonable time after
    the time appointed for the taxation, the taxing officer, if
    satisfied by affidavit or otherwise that the party had due
    notice of the time appointed, may proceed with the
    taxation.
    (2) The taxing officer by whom any taxation proceedings
    are being conducted may, if he deems it necessary, adjourn
    those proceedings from time to time.

23. (1) Subject to Rule 20, and the following provisions of this
    rule, the scale of costs contained in schedule B of this Rule
    together with the notes and general provisions contained
    in that schedule, shall apply to the taxation of all costs
    incurred in relation to contentious business done after the
    commencement of these rules.

(2) Where the amount of a legal practitioner’s remuneration
in respect of non- contentious business connected with sales, purchases, leases, mortgages and other matters of
conveyance or in respect of any other non-contentious
business is regulated in the absence of agreement to the
contrary, the amount of the costs to be allowed on taxation
in respect of the like contentious in the scale shall be
contained in the said appendix of these rules.

24. Upon the completion of the taxation of any bill of costs the
    taxing officer shall certify the result of his taxation
    including the costs.
25. The fees payable on taxation shall be paid by the party on
    whose application the bill is taxed and shall be allowed as
    part of the bill.
26. Any party to any taxation proceedings who is dissatisfied
    with the taxation in whole or in part of any item by a taxing
    officer or with the amount allowed by a taxing officer on
    any item, may apply to the Court for an order to review the
    taxation as to that item.

27. (1) An application under the preceding rules shall be made
    by summons at any time within 14 days after the taxing
    officer’s certificate.
    (2) Unless the Court otherwise directs, no further evidence
    shall be received on the hearing of an application under this
    rule, and no ground of objection shall be raised which was
    not raised on taxation except, on the hearing of any such
    application the Court may exercise all such powers and
    discretion as are vested in the taxing officer in relation to
    the subject matter of the application.
    (3) On an application under this rule the Court may make
    such order as the circumstances require and in particular
    may order the taxing officer’s decision to be amended or,
    except where the dispute as to the item under review is as
    to amount only, order the item to be remitted to the same or
    another taxing officer for taxation.

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