Costs—awards of damages over $50 000
276 Costs—awards of damages over $50 000
This section applies if a court awards more than $50 000 AWE indexed in damages in a proceeding (other than an appellate proceeding) based on a motor accident claim.
Note AWE indexed, for an amount—see s 18.
If the amount of damages is equal to or more than a mandatory final offer made by the claimant, the claimant may apply to the court for an order that the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made, and on an indemnity basis from that day.
If the amount of damages is less than a mandatory final offer made by the respondent, the respondent may apply to the court for an order that—
the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made; and
the claimant pay the respondent’s costs on an indemnity basis from that day.
Also, the court may make an award of costs on an indemnity basis to compensate a party for costs resulting from a failure by another party to comply with a procedural obligation under this part.
Division 5.7.5 Judgment for noncompliance with time limits
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