(1) In this rule, costs include fees, disbursements, expenses and
remuneration.
(2) The Court may make orders for the payment of costs only in
the following circumstances--
(a) if proceedings are discontinued or
dismissed, or a defence is struck out, at a pre-trial review or at a hearing,
(b) if proceedings are adjourned as a consequence of a party's default or
neglect, including a party's failure to comply with a direction of the Court,
(c) if proceedings on a motion are heard by the Court,
(d) if judgment is
given after a trial of proceedings.
(3) The maximum amount of costs that may
be awarded to a party under subrule (2) is--
(a) in the circumstances referred
to in subrule (2)(a), (b) or (c)--the amount of costs that would be allowable
on entry of default judgment for a liquidated claim in the proceedings, and
(b) in the circumstances referred to in subrule (2)(d)--the amount of costs
that would be allowable on entry of default judgment for an unliquidated claim
in the proceedings.
(3A) Despite subrule (3)(b), the maximum amount of costs
that may be awarded to the party under subrule (3)(b) is increased by 25% if
the Court considers that--
(a) the party made a genuine offer to compromise on
the claim that was not accepted by the other party, and
(b) it was
unreasonable for the other party not to have accepted the offer.
(4) Despite
subrule (2), the Court may also allow costs for the following--
(a) matters
for which costs are fixed by a fixed costs legislative provision within the
meaning of the Legal Profession Uniform Law (NSW) ,
(b) court and service
fees,
(c) fees for expert opinion reports (limited to a maximum of $350 for
each report),
(d) search fees,
(e) costs in relation to, or arising out of,
the issue of a subpoena.