New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.5

Indemnity costs

42.5 Indemnity costs

(cf SCR Part 52A, rule 37)
If the court determines that costs are to be paid on an indemnity basis:

(a) in the case of costs payable out of property held or controlled by a person who is a party to the proceedings:
(i) in the capacity of trustee, executor, administrator or legal representative of a deceased estate, or
(ii) in any other fiduciary capacity,
all costs (other than those that have been incurred in breach of the person’s duty in that capacity) are to be allowed, and
(b) in any other case, all costs (other than those that appear to have been unreasonably incurred or appear to be of an unreasonable amount) are to be allowed.



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