344
CurrentCourt to have regard to case appraiser’s decision when awarding costs
Chapter 9Ending proceedings early
Part 4Alternative dispute resolution processes
Division 4Case appraisal
344 Court to have regard to case appraiser’s decision when awarding costs
(1)
If the court’s decision in the dispute is not more favourable overall to a challenger than the case appraiser’s decision in the dispute was to the challenger, the costs of the proceeding and the case appraisal must be awarded against the challenger.
(2)
However, the court may make another order about costs if the court considers there are special circumstances.
(3)
If all parties are challengers, the case appraiser’s decision has no effect on the awarding of costs.
(4)
In this rule—
challenger means a party who filed an election under rule 343.
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