UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.12 Rehearings under Division 3 of Part 5 of Civil Procedure Act 2005

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.12

42.12 Rehearings under Division 3 of Part 5 of Civil Procedure Act 2005

(cf SCR Part 52A, rule 30)

(1) In this rule--


"party A" means the party on whose application a rehearing has been conducted.


"party B" means any party to a rehearing other than party A.


"rehearing" means a rehearing conducted under Division 3 of Part 5 of the Civil Procedure Act 2005 .

(2) If the determination of the court is not substantially more favourable to party A than is the determination of the arbitrator, the court--

(a) may not order party B to pay the costs incurred by party A by reason of the rehearing, and

(b) must order party A to pay the costs incurred by party B by reason of the rehearing.

(3) Despite subrule (2), the court may certify that the special circumstances of the case require the court--

(a) to make an order referred to in subrule (2)(a), in which case the court may make that order, or

(b) to refrain from making an order referred to in subrule (2)(b), in which case the court may refrain from making that order.

(4) If, by operation of section 45 of the Civil Procedure Act 2005 , an order for rehearing of proceedings ceases to have effect, party A must pay the costs of party B incurred by reason of the order for rehearing, unless the court orders otherwise.

(5) Unless the court orders otherwise, any application for an order for costs must be made forthwith after the court gives the judgment, or makes the order, giving rise to the entitlement to the order for costs.