New South Wales Repealed Acts

This legislation has been repealed.

DAMAGES (INFANTS AND PERSONS OF UNSOUND MIND) ACT 1929 - SECT 7

7 Costs

(1) Nothing in this Act shall prejudice the lien of a solicitor for costs.

(2) The costs of the minor or person of unsound mind of and incidental to the action or matter and of the settlement or compromise for which the sanction of a judge is sought under this Act may be assessed by the judge to whom the application is made, or the judge may direct that such costs be taxed by the proper officer, and the costs so assessed or taxed shall be payable out of the moneys payable in such manner and to such person as the judge may direct.
The judge may assess or direct the taxation of costs generally or as between party and party or as between solicitor and client or the judge may assess costs of one class and direct taxation of costs of the other class.

(2A) The costs of the minor or person of unsound mind of and incidental to the action or matter and of the settlement for which the sanction of a Magistrate is sought under this Act may be assessed by the Magistrate to whom the application is made and shall be paid as the Magistrate directs.

(2B) A Magistrate may assess costs referred to in subsection (2A):

(a) generally,

(b) as between party and party, or

(c) as between solicitor and client.

(3)

(a) Where any such costs have been directed to be taxed (whether generally or as between party and party or as between solicitor and client), the costs of the plaintiff, or if more than one, of all the plaintiffs, in the action or matter or settlement or compromise or incident to the claims therein or consequent thereon, shall be taxed in accordance with such direction.

(b) Where the amounts payable as costs have been determined by assessment or taxation:

(i) the respective amounts and the difference, if any, and the proportion of such difference, if any, payable by or out of the moneys of the minor or person of unsound mind, shall be certified by the judge or Magistrate or by the taxing officer,

(ii) no costs other than those so certified to be payable shall be payable to the solicitor for the plaintiff by, or out of the moneys of, the minor or person of unsound mind.

(4) Subsection (3) shall extend to the costs of a minor or person of unsound mind upon a counter claim.

(5) Where application is made under subsection (2) to a judge or Magistrate to assess the costs of the minor or person of unsound mind the judge or Magistrate may refer the application to the proper officer for consideration and report.