Court Procedures Rules 2006

A party to a proceeding cannot recover any costs of the proceeding from another party or anyone else otherwise than by agreement, under a territory law, or an order of the court under a territory law.

A territory law includes these rules (see Legislation Act, s 98).

If, under a territory law or an order of the court, a party is entitled to costs, the costs are to be assessed costs.

The parties may agree that the costs be set at a certain amount (see r 1702 (Costs—agreement about costs).

However, instead of assessed costs, the court may order a person liable for costs to pay to the party entitled to costs—

a stated part or percentage of assessed costs; or

assessed costs to or from a stated stage of the proceeding; or

an amount for costs decided by the court; or

an amount for costs to be decided in a way the court directs.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this subrule.