Court Procedures Rules 2006

This rule applies if a party entitled to costs does not accept an offer to settle made under rule 1811 by a party liable to pay the costs.

If the amount of the bill of costs allowed by the registrar, before deciding the costs of the assessment, is equal to, or more than, the amount of the offer, the party liable to pay the costs must pay the costs of the assessment, unless the registrar otherwise orders.

If the amount of the bill of costs allowed by the registrar, before deciding the costs of the assessment, is less than the amount of the offer, the party entitled to the costs must not recover the costs of the assessment, but must pay the costs of the assessment of the party liable for the costs, unless the registrar otherwise orders.

For this rule, the costs of the assessment of a party are the costs that have been, or will be, incurred by the party on and from the day the offer to settle was served, and includes any fee determined under the Court Procedures Act 2004, part 3 (Court and tribunal fees) for the assessment.