UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.9
Dispute of authenticity of document subsequently proved or admitted
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.9
Dispute of authenticity of document subsequently proved or admitted
42.9 Dispute of authenticity of document subsequently proved or admitted
(1)
In this rule--
"disputing party" means a party who serves a notice disputing the authenticity
of a document under rule 17.4(2) or 17.5(3).
"document in dispute" means a document that is the subject of a notice served
under rule 17.4(2) or 17.5(3).
"requesting party" means a party who is served with a notice disputing the
authenticity of a document under rule 17.4(2) or 17.5(3).
(2) Unless the
court orders otherwise, the disputing party must, after the conclusion of
proceedings in which the authenticity of a document in dispute is subsequently
proved or is subsequently admitted by the disputing party, pay the requesting
party's costs, assessed on an indemnity basis, being costs incurred by the
requesting party--
(a) in proving the authenticity of the document, or
(b) if
the authenticity of the document has not been proved--in preparation for the
purpose of proving the authenticity of the document.
(3) An entitlement to
costs under this rule is not affected by any order as to costs unless that
order makes particular reference in that regard.
