42.35   Costs order not to be made in proceedings in District Court unless Court satisfied proceedings in appropriate court

(1)  This rule applies if:

(a)  in proceedings in the District Court, a plaintiff has obtained a judgment against the defendant or, if more than one defendant, against all the defendants, in an amount of less than $40,000, and

(b)  the plaintiff would, apart from this rule, be entitled to an order for costs against the defendant or defendants.

(2)  An order for costs may be made, but will not ordinarily be made, unless the District Court is satisfied the commencement and continuation of the proceedings in the District Court, rather than the Local Court, was warranted.