• PART 24 PART 24 — Fees And Costs

    • 194. Fees

      Where a fee is prescribed by any rule made by the Chief Justice under section 184(1) of the Regulations, the Registrar may refuse to accept a document or refuse to allow a party to take any step unless and until the relevant fee is paid.

      Amended on June 1, 2017

    • 195. Orders for costs

      (1) The Court may make such orders as it considers just in respect of any application, hearing, trial, appeal or other proceeding before the Court.
      (2) The Court's powers to make an order for costs may be exercised either in the course of the proceeding or at or after its final determination.
      (3) This Part is subject to any rule or practice direction which sets out special provisions with regard to any particular category of proceeding before the Court.

    • 196. Submissions as to costs

      (1) Submissions as to costs should normally be made before the conclusion of the proceedings to which an order of costs will relate.
      (2) If a party wishes to defer making submissions as to costs until after judgment has been given, the Court may give such directions as appear to it to be appropriate for the way and the period within which such submissions are to be placed before the Court.

    • 197. Basis of assessment

      (1) Where the Court is to assess the amount of costs it will assess those costs on the standard basis or on the indemnity basis.
      (2) Where the Court makes an order about costs without indicating the basis on which the costs are to be assessed or it makes an order for costs to be assessed on a basis other than the standard or indemnity basis, the costs will be assessed on the standard basis.
      (3) A practice direction may set out the circumstances in which a costs order is deemed to have been made on the standard basis.

    • 198. Standard basis

      (1) Where the amount of costs is to be assessed on the standard basis, the Court will only allow costs which are proportionate to the matters in issue and are reasonably incurred and reasonable in amount.
      (2) The Court will resolve any doubt which it may have as to whether costs assessed on the standard basis are reasonably incurred and reasonable and proportionate in amount in favour of the paying party.

    • 199. Indemnity basis

      (1) Costs assessed on the indemnity basis are allowed only if they are reasonably incurred and reasonable in amount.
      (2) Where the amount of costs is to be assessed on the indemnity basis, the Court will resolve any doubt which it may have as to whether costs are reasonable in amount or were reasonably incurred in favour of the receiving party.

    • 200. Procedure for assessing costs

      (1) Where the Court orders a party to pay costs to another party (other than fixed costs) it may either make a summary assessment of the costs or order detailed assessment of the costs by a costs officer.
      (2) The amount of any assessed costs will be inserted in the order made by the Court, or if the order is drawn up before the assessment has been completed, the amount assessed will be certified by the Registrar

    • 201. Time for complying with an order for costs

      (1) A party must comply with an order for the payment of costs within 14 days of
      (a) the date of the judgment or order if it states the amount of those costs or, if the amount of those costs (or part of them) is decided later following detailed assessment, the date of the certificate which states the amount; or
      (b) such other date as the Court may specify.

    • 202. Where the Court makes no order for costs

      (1) Where the Court makes an order which does not mention costs, the general rule is that no party is entitled to costs in relation to that order.
      (2) The general rule in paragraph (1) does not affect any entitlement of a party to recover costs out of a fund held by that party as trustee or under any lease, mortgage or other security.
      (3) Where the Court makes an order or direction sought by a party on an application without notice and its order does not mention costs, it will be deemed to include an order for the applicant's costs in the case.
      (4) Any party affected by a deemed order for costs under paragraph (3) of this Rule may apply at any time to vary the order.

    • 203. The Court's powers in relation to misconduct

      (1) The Court may make an order under this Rule where a party or that party's legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or Court order, or it appears to the Court that the conduct of a party or that party's legal representative, before or during the proceedings or in the assessment proceedings, was unreasonable or improper.
      (2) Where paragraph (1) applies, the Court must disallow all or part of the costs which are being assessed or order the party at fault, or that party's legal representative, to pay costs on the indemnity basis which that party, or legal representative, has caused any other party to incur.
      Amended on June 1, 2017

    • 204. Set-off

      Where a party entitled to costs is also liable to pay costs, the Court may assess the costs which that party is liable to pay and either set-off the amount assessed against the amount which the party is entitled to be paid and direct that party to pay any balance, or delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount to which that party is liable to pay.