Northern Territory Consolidated Acts

PERSONAL INJURIES (CIVIL CLAIMS) ACT - SECT 20

(1) If a court awards damages in a proceeding commenced after the parties have failed to resolve the claim under Part 2, an order for costs is to be in accordance with this section.

(2) In relation to an award of damages that is less than the minimum amount prescribed by the Regulations, the following provisions apply:

(a) if the damages are less than the claimant's final offer and more than the respondent's final offer - no costs are payable;

(b) if the damages are less than the claimant's final offer and equal to or less than the respondent's final offer -

(i) no costs are payable in respect of the period up to the date of the respondent's final offer; and

(ii) the claimant must pay the respondent's costs, fixed at 25% of the applicable scale of costs, from the date of the respondent's final offer;

(c) if the damages are equal to or more than the claimant's final offer and more than the respondent's final offer - the respondent must pay the claimant's costs fixed at 25% of the applicable scale of costs.

(3) In relation to an award of damages that is equal to or more than the minimum amount prescribed by the Regulations and less than the maximum amount prescribed by the Regulations, the following provisions apply:

(a) if the damages are less than the claimant's final offer and more than the respondent's final offer - the respondent must pay the claimant's costs fixed at 25% of the applicable scale of costs;

(b) if the damages are less than the claimant's final offer and equal to or less than the respondent's final offer -

(i) no costs are payable in respect of the period up to the date of the respondent's final offer; and

(ii) the claimant must pay the respondent's costs, fixed at 50% of the applicable scale of costs, from the date of the respondent's final offer;

(c) if the damages are equal to or more than the claimant's final offer and more than the respondent's final offer - the respondent must pay the claimant's costs fixed at 50% of the applicable scale of costs.

(4) In relation to an award of damages that is equal to or more than the maximum amount prescribed by the Regulations, the following provisions apply:

(a) if the damages are less than the claimant's final offer and more than the respondent's final offer - the respondent must pay the claimant's costs fixed at 50% of the applicable scale of costs;

(b) if the damages are less than the claimant's final offer and equal to or less than the respondent's final offer -

(i) no costs are payable in respect of the period up to the date of the respondent's final offer; and

(ii) the claimant must pay the respondent's costs, fixed at 100% of the applicable scale of costs, from the date of the respondent's final offer;

(c) if the damages are equal to or more than the claimant's final offer and more than the respondent's final offer - the respondent must pay the claimant's costs fixed at 100% of the applicable scale of costs.

(5) If the court is satisfied that a party introduced unnecessarily repetitive evidence in the proceeding, no costs are payable in relation to that evidence.

(6) Unless an award of damages is affected by factors that were not reasonably foreseeable at the exchange of final offers, costs are not payable to a party in relation to investigations or the gathering of evidence by that party after the exchange of final offers.

(7) If an award of damages is affected by factors that were not reasonably foreseeable by a party at the time the party made the final offer, the court may, if satisfied it is just to do so, make an order for costs in accordance with subsection (2), (3) or (4) as if a reference to a final offer is a reference to a later offer made in the light of the factors that became apparent after the parties completed the exchange of final offers.

(8) This section does not affect the obligation of a party to pay costs in accordance with an order of the court made as a consequence of a default by the party.