2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

25.   General costs of petition

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    (1)   All costs, charges and expenses of and incidental to the presentation of a petition, or of any proceedings consequent thereon shall be in the discretion of the Court or judge and shall be defrayed by the parties to the petition in such manner and in such proportions as the Court or judge may determine, regard being had to the disallowance of any costs, charges or expenses which may, in the opinion of the Court or judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part of either the petitioner or the respondent, and regard also being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful.

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    (2)   The amount of such costs may be fixed by the Court or judge or may be directed to be taxed, and in the latter case they shall be taxed by the Registrar in accordance with scale of fees and disbursements contained in Schedule 1 to these Rules and paid by the party ordered to pay the same.

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    (3)   Where the petitioner is ordered to pay any such costs and he or she fails to pay the same within 14 days from the date of the order of the court or judge, the Director of Finance and Planning shall pay such costs out of any money deposited with him or her as security under these Rules and execution may be issued against the petitioner and the sureties jointly and severally for any balance not covered by the deposit, or where security has been given by recognizance, the Registrar shall, upon an affidavit of the respondent stating the amount of the costs directed to be paid by the petitioner and that neither the petitioner nor any of the sureties has paid them within 14 days after the order to pay the same, certify such recognizance to be forfeited and execution shall issue out of the Court thereupon for the recovery of the amount of the costs ordered to be paid against the petitioner and the sureties jointly and severally to the extent of the amount for which they are bound by the recognizance, the petitioner however being always liable to pay the full amount of the costs.

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    (4)   If the security given by the petitioner be in the form of money deposited with the Director of Finance and Planning, the petitioner shall be entitled to a refund of any portion thereof exceeding the amount of the costs ordered to be paid by him or her.

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    (5)   If a respondent who is ordered to pay any costs to the petitioner fails to do so within 14 days from the date of the order directing such payment, execution shall be issued out of the Court for the recovery of the amount of such costs.

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    (6)   Execution shall be levied in accordance with the law governing executions in civil actions in the Court.