DISTRICT COURT ACT 1991 - SECT 42

DISTRICT COURT ACT 1991 - SECT 42

42—Costs

        (1)         Subject to subsection (2) and the rules, costs in any proceedings in the Civil Division will be in the discretion of the Court and may be awarded against any person (whether a party to or a witness in the proceedings or not).

        (2)         If—

            (a)         an action for the recovery of damages or any other monetary sum is brought in the Court; and

            (b)         the action might have been brought in the Magistrates Court; and

            (c)         the plaintiff recovers less than an amount fixed by the rules for the purposes of this paragraph,

no order for costs will be made in favour of the plaintiff unless the Court is of the opinion that it is just in the circumstances of the case that the plaintiff should recover the whole or part of the costs of action.

        (3)         If proceedings are delayed through the neglect or incompetence of a legal practitioner, the Court may—

            (a)         disallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid);

            (b)         order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;

            (c)         order the legal practitioner to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.

        (4)         The Court may not make an order against a legal practitioner under subsection (3) unless the Court has informed the practitioner of the nature of the order proposed and allowed the practitioner a reasonable opportunity to make representations, and call evidence, in relation to the matter.

        (5)         If a person who is summoned to appear as a witness in any proceedings fails, without reasonable excuse, to appear in obedience to the summons, the Court may order that person—

            (a)         to indemnify the parties to the proceedings for costs resulting from failure to obey the summons;

            (b)         to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the witness's failure to obey the summons.