South Australian Consolidated Acts South Australian Consolidated Acts40—Power of court with regard to costs
(1) Subject to the
express provisions of this Act, and to the rules of court, and to the express
provisions of any other Act whenever passed, the costs of and incidental to
all proceedings in the court, including the administration of estates and
trusts, shall be in the discretion of the court or judge, and the court or
judge shall have full power to determine by whom and to what extent such costs
are to be paid.
(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 District 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.