Paragraph 5.40 Disposal of security money

Where the appellant is ordered to pay the costs of the appeal, unless it is otherwise agreed between the parties, the respondent’s costs are first satisfied, either in whole or in part, by direct payment to the respondent from money deposited under rule 5.19(1).

If the total amount of the respondents' costs as allowed can be so satisfied any balance of the money in the Registry shall be remitted to the party who paid it in.

If the respondent’s costs are in part satisfied by such payment, the certificate of taxation which is forwarded to the respondent shall take account of the amount so paid.

Where more than one bill of respondent’s costs require payment by the appellant, and the money deposited as security is insufficient to satisfy all the bills, the money shall be divided between the bills in proportion to their amounts as allowed.

Where the appellant is not ordered to pay the costs of the appeal, money paid by him under rule 5.19(1) shall be returned to him when the final order has been issued.

If an appeal is withdrawn before setting down, or is dismissed for want of prosecution, or if the respondent fails to lodge a bill of costs within three months, the appellant may make written application to the Registrar for the return to him of money deposited. Such application must be accompanied by the written consent of all the respondents who have entered an appearance. If any respondent refuses consent, the appellant may send him a written demand that he lodge a bill of costs within 28 days from the date of such notice; and, if the Registrar is satisfied that such a demand was duly sent and, if the said respondent fails to lodge a bill of costs within the time specified, the money deposited shall be returned to the appellant.