MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 25

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 25

25 .         Costs

        (1)         The Court may order a party to a case to pay the whole or a part of another party’s costs in the case.

        (2)         A successful party is entitled to an order under subsection (1) that the whole of its costs in the case be paid by the unsuccessful party, unless the Court considers there is good reason not to make such an order or subsection (5) applies.

        (3)         An order may be made under subsection (1) in a case even if the case is outside the Court’s jurisdiction.

        (4)         An order may be made under subsection (1) at any stage of the proceedings in a case.

        (5)         In a case where —

            (a)         the value of the claim, or of the relief claimed, by the claimant is not more than the minor cases jurisdictional limit; and

            (b)         the claimant did not elect to have the claim dealt with under the minor cases procedure or, under section 28(3), the court ordered that the case be dealt with under the general procedure,

                the Court may only make an order under subsection (1) in favour of a successful party if the order would be permitted by section 31 were the case being dealt with under the minor cases procedure.

        (6)         If in a case referred to in subsection (5) judgment is given under section 18 as a result of an application by the successful party, any order made under this section in favour of the party may, in addition to relating to any allowable costs referred to in section 31, include the party’s costs of the application under section 18.

        (7)         The amount of any costs to be paid is to be determined by the Court unless the parties concerned agree on the amount.

        (8)         The amount of any costs to be paid in respect of work done by a legal practitioner in conducting any proceedings in the case is to be determined under the applicable costs determination.

        (9)         If the Court orders the costs of a self-represented party to be paid by another party, the Court may order that the whole or a part of the expenses or losses incurred by the self-represented party in or in connection with conducting the case be included in the costs.

        (10)         If the Court is satisfied that due to the acts or omissions of a legal practitioner, whether personally or through an employee or agent —

            (a)         costs have been incurred improperly or without reasonable cause; or

            (b)         costs have been wasted by undue delay or by any misconduct or default,

                the Court may order all or any of the following —

            (c)         the legal practitioner to be wholly or partially disentitled to costs from the legal practitioner’s client;

            (d)         the legal practitioner to repay to the legal practitioner’s client the whole or a part of any costs that the legal practitioner has been paid by the client for items other than disbursements;

            (e)         the legal practitioner to pay to the legal practitioner’s client the whole or a part of any costs that the client is ordered to pay to another party;

            (f)         the legal practitioner personally to indemnify any party other than the legal practitioner’s client against the whole or a part of the costs payable by the indemnified party.

        (11)         The Court must not make an order under subsection (10) unless it has informed the legal practitioner of the proposed order and allowed the legal practitioner to call evidence and make submissions in relation to the proposed order.

        (12)         If an order is made under subsection (10)(c), the legal practitioner must not charge and cannot recover the costs concerned.

        [Section 25 amended: No. 21 of 2008 s. 678(3)-(6); No. 47 of 2011 s. 27.]