Costs ordered on a 'solicitor and client basis' under Pt 39A r25(4) of the District Court Rules are not to be assessed on an indemnity basis under Pt 39A r13, but rather under the 'fair and reasonable' test in s208F(1) and (2) of the Legal Profession Act 1987. The distinction between solicitor and client costs and indemnity costs is maintained, though the practical difference may be minimal given the 1994 reforms to the costs assessment regime. The issue is now largely moot following the introduction of the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005, which provide only for costs on the 'ordinary' or 'indemnity' basis.
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