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.