MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 31
MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 31
31 . Costs
(1) In this section
—
allowable costs means —
(a) the
court fees and service fees paid by a successful party; and
(b) the
costs of enforcing a judgment.
(2) A successful party
to a minor case is entitled to an order under section 25(1) in relation to the
party’s allowable costs but not in relation to the party’s other
costs in the case.
(3) Despite subsection
(2), the Court may make an order under section 25(1) as to the payment of the
party’s other costs by another party if it is satisfied that —
(a)
because of the existence of exceptional circumstances an injustice would be
done to the successful party if that party’s other costs were not
ordered to be paid; or
(b) the
unsuccessful party’s claim or defence was wholly without merit; or
(c) the
proceedings in the minor case —
(i)
were commenced but not concluded in a Local Court before
1 May 2005; and
(ii)
were, immediately before 1 May 2005, not proceedings that
were being heard and determined under the Local Courts Act 1904 Part VIA 2 .
[Section 31 amended: No. 5 of 2008 s. 78.]