New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.3

42.3 Powers of the court generally

(cf SCR Part 52A, rule 4 (2) and (5))

(1) Subject to rule 42.27, the court may not, in the exercise of its powers and discretions under section 98 of the Civil Procedure Act 2005 , make any order for costs against a person who is not a party.

(2) This rule does not limit the power of the court:

(a) to make an order for payment, by a relator in proceedings, of the whole or any part of the costs of a party to the proceedings, or

(b) to make an order for payment, by a person who:

(i) is bound by an order made, or judgment given, by the court in proceedings or is bound by an undertaking given to the court in proceedings, and

(ii) fails to comply with the order or the judgment or breaches the undertaking,

of the whole or any part of the costs of a party to the proceedings occasioned by the failure or the breach, or

(c) to make an order for payment, by a person who has committed contempt of court or an abuse of process of the court, of the whole or any part of the costs of a party to proceedings occasioned by the contempt or abuse of process, or

(d) to make an order for costs against a person who purports, without authority, to conduct proceedings in the name of another person, or

(e) to make an order for costs against a person who commences or carries on proceedings, or purports to do so, as an authorised director of a corporation, or

(e1) in the case of proceedings in the Land and Environment Court, to make an order for costs against a person who carries on proceedings as a party’s agent, or

(f) to make an order of the kind referred to in rule 42.27, or

(g) to make an order for costs in exercise of its supervisory jurisdiction over its own officers, including solicitors, barristers and court appointed liquidators.