In motor accident claims under the MAC Act where a CARS assessment has been made, UCPR rule 42.15 does not apply and indemnity costs cannot be awarded under that rule. The costs regime in s 151 is comprehensive and exclusive, subject only to the s 153(1) discretion. However, an unaccepted offer of compromise remains a relevant factor in the exercise of the s 153(1) discretion. The definition of 'costs' in s 151(5) has substantive effect, confining recoverable costs to party/party costs. The question whether s 153(1) is engaged is fact-specific, but repeated failure on the same issue across multiple forums combined with rejection of a significant offer of compromise may constitute an 'exceptional case'.
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