Cost proceedings in the Supreme Court

(1) Subject to this section, the amount of costs to be awarded in proceedings in the Supreme Court and all questions relating thereto shall be determined by the Court. Costs (2) Where an unconditional offer in writing of any sum as compensation to any claimant has been made by or on behalf of the Financial Secretary with the prior approval of the Minister of Finance and the sum awarded as compensation does not exceed the sum offered, the Court shall, unless for special reasons it considers otherwise, order the claimant to bear his own costs and to pay the costs of the Financial Secretary so far as the costs of the Financial Secretary were incurred after the offer was made. (3) Where the claimant has failed to put forward a proper claim in sufficient time to enable the Financial Secretary to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by or on behalf of the Financial Secretary at the time when, in the opinion of the Court, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of such offer. (4) Where a claimant has indicated in writing to accept any sum as compensation and has put forward a proper claim in sufficient time to enable the Financial Secretary to make a formal offer and the sum awarded is equal to or exceeds that sum, the Court shall, unless for special reasons it considers otherwise, order the Financial Secretary to bear his own costs and to pay the costs of the claimant so far as the costs of the claimant were incurred after he had indicated in writing to accept such sum as compensation. (5) Where the Court orders the claimant to pay the costs or any part of the costs of the Financial Secretary, the Financial Secretary may deduct the amount so payable by the claimant from the amount compensation payable to him. 62 (6) For the purpose of this section, costs includes fees, charges and expenses.