s 14 Court may order payment of costs by aided person in certain event
14.—(1) Where it appears to a court that any of the circumstances mentioned in subsection (3) exists in relation to an aided person, the court may order the aided person to pay the costs of all or any of the following persons:(a) the Director; (b) the solicitor who acted for the aided person; (c) the other party.[50/2018] (2) In subsection (1), a reference to an “aided person” includes, in any case where the Grant of Aid has been cancelled before the making of the order, the person who immediately before the cancellation was the aided person.[6/2013] (3) For the purposes of subsection (1), the circumstances are as follows:(a) the Grant of Aid issued to the aided person has been obtained by fraud or misrepresentation; (b) the aided person acted improperly in bringing or defending any legal proceedings, or in the conduct of those proceedings.[50/2018] (4) Where an order is made under subsection (1), the costs must be assessed as if the party ordered to pay costs were not an aided person.[50/2018] [Act 32 of 2024 wef 01/04/2025] (5) The costs so ordered to be paid must, unless otherwise directed by the order, include —(a) fees and charges of the nature referred to in section 12(4)(a) and (b); and (b) any sums which, pursuant to section 13(3), were expended by the Director in meeting out-of-pocket expenses or were advanced by the Director for that purpose. (6) Where the costs of the Director or the solicitor who acted for the aided person ordered to be paid under subsection (1) include any of the fees, charges or sums referred to in subsection (5), then if any amount is recovered by the Director in respect of such costs, the same must be applied in the first instance in or towards the satisfaction of such fees, charges or sums.[50/2018]