CHAPTER 82 - BANKRUPTCY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Rules
1. Title and application
2. Bankruptcy scale of costs
SI 178 of 1990,
Act 13 of 1994.
(1) These Rules may be cited as the Bankruptcy (Costs) Rules.
(2) These Rules shall apply in respect of any business done in any matter pending on the date of these Rules or duties performed after the publication of these Rules.
Where in respect of any business done or duties performed under the Act, costs are to be allowed or taxed, such costs shall be in accordance with the scale of costs set out in the Schedule to these Rules.
SCALE OF COSTS OF PETITIONING DEBTOR
1. Instructions for petition, search for prior petition drawing and copy petition and attesting same; attending, presentation hearing thereof when receiving order made; drawing and copy receiving order; attending Official Receiver giving him all necessary information; attending upon debtor’s preliminary examination and upon public examination; drawing bill of costs and copy; attending lodging bill, obtaining appointment to tax and necessary notices thereof; attending taxation, vouching, completing and obtaining Taxing Officer’s allocatur; letters, messengers and telephone calls—
(a) Where the assets are certified as not likely to exceed K5,000
(b) Where the assets are certified as likely to exceed K5,000
NOTE:-The allowances for Item 1 (a) or 1 (b) to be made in accordance with the certificate or the Official Receiver as to the value which the assets are likely to realise, and the certificate must be produced to the Taxing Officer where a composition is accepted and confirmed by the court the value of the assets shall be considered to be the amount required for the purpose of the composition.
2. Drawing and copy of adjudication upon application by a debtor
3. Where the advocate practises at a distance from the court and employs an agent upon presentation and hearing of the petition, an additional allowance may be made for
General Note to Part I
No charges other than those included in Part I of this scale may be allowed unless the Taxing Officer considered that by reason of special circumstances additional items should be allowed.
DEBTOR’S COSTS WHERE BANKRUPTCY NOTICE SET ASIDE AND ON DISMISSAL OF PETITION
4. Instructions for application to set aside bankruptcy notice and for affidavit or counter-claim, including perusal and consideration of the bankruptcy notice; drawing affidavit, copy and attending to file; drawing application for appointment to hear (when requisite) and attending obtaining 1,250 directions thereon
5. (a) Attending court on hearing of application when order made setting aside bankruptcy notice; drawing any attending to pass
(b) Attending court when hearing of application adjourned; drawing and copy order and attending to pass
6. Instructions to show cause on hearing of petition including perusing and considering petition and attending upon the debtor obtaining information; drawing and copy notices to show cause and attending to file; two fair copies notice and service thereof.
135 to 270
7. (a) Attending court on hearing of petition dismissed
<IN:LF:0.46875,FI:-0.46875>38 to 135
(b) Attending court on hearing of petition adjourned
<IN:LF:0.40625,FI:-0.40625>38 to 135
8. Drawing and copy order and attending to pass
9. Letters, messengers and telephone calls not otherwise provided for-not to exceed
10. In any special case, costs may, at the discretion of the Taxing Officer be allowed—
(a) in relation to items not mentioned in this scale;
(b) of an amount higher than that prescribed by this scale.
General Note to Part II
The debtor shall be allowed his travelling expenses and of paragraph 16 of Part V of this scale.
SCALE OF COSTS OF PETITIONING CREDITORS
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