Code of Organization and Civil Procedure (Cap. 12), article 223

223. (1) Every definitive judgment shall award costs against the party cast. (2) In the case of an interlocutory decree, it shall be lawful f or the court to reserve the issue as to costs for decision in the definitive judgment or to award costs against the party cast. (3) In all cases, it shall be lawful for the court to order that the costs shall not be taxed as between party and party, when eithe r party has been cast in some of the points at issue, or when the matter at issue involves difficult points of law, or where there is any other good cause. (4) In the case of any frivolous or vexatious appeal or re-trial , the Court of Appeal or the Constitutional Court may award doubl e costs against the appellant in favour of t he respondent. (5) In the case where an ex parte expert witness is produced by any of the parties in a cause, the court shall in the definitiv e judgment establish a fair amount which can be claimed as costs for the said witness. In determining the said amount, the court sha ll take into account the seriousness of the claims, in the case of an expert witness not resident in Malta, whether local expertise w as available and all the other circ umstances of the case. The cour t shall also establish how the sa id costs are to be apportioned between the parti es to the cause. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 75 (6) Subject to article 173(2)( c), when a party without just cause refuses or fails to participate before or collaborate with a me diator, the Court may award double costs in the other party’s favour du e to such refusal or failure. Award of costs in solidum or pro rata. Amended by: IX.1886.35.