Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 ст. 223Costs.
Title VI
(1) Every definitive judgment shall award costs against the party cast.
(2) In the case of an interlocutory decree, it shall be lawful for the court to reserve the issue as to costs for decision in the definitive judgment or to award costs against the party cast.
(3) In all cases, it shall be lawful for the court to order that the costs shall not be taxed as between party and party, when either party has been cast in some of the points at issue, or when the matter at issue involves difficult points of law, or where there is any other good cause.
(4) In the case of any frivolous or vexatious appeal or re-trial, the Court of Appeal or the Constitutional Court may award double costs against the appellant in favour of the respondent.
(5) In the case where an ex parte expert witness is produced by any of the parties in a cause, the court shall in the definitive judgment establish a fair amount which can be claimed as costs for the said witness. In determining the said amount, the court shall take into account the seriousness of the claims, in the case of an expert witness not resident in Malta, whether local expertise was available and all the other circumstances of the case. The court shall also establish how the said costs are to be apportioned between the parties to the cause.
(6) Subject to article 173(2)(c), when a party without just cause refuses or fails to participate before or collaborate with a mediator, the Court may award double costs in the other party’s favour due to such refusal or failure.
История изменений
- Amended by VII.2007.19