Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 10:35)
Part 42 Division 1
Division 1 Entitlement to costs
42.1   General rule that costs follow the event
(cf SCR Part 52A, rule 11)
Subject to this Part, if the court makes any order as to costs, the court is to order that the costs follow the event unless it appears to the court that some other order should be made as to the whole or any part of the costs.
42.2   General rule as to assessment of costs
(cf SCR Part 52A, rule 32; DCR Part 39A, rule 10; LCR Part 31A, rule 6)
Unless the court orders otherwise or these rules otherwise provide, costs payable to a person under an order of the court or these rules are to be assessed on the ordinary basis.
42.3   (Repealed)
42.4   Power to order maximum costs
(cf SCR Part 52A, rule 35A)
(1)  The court may by order, of its own motion or on the application of a party, specify the maximum costs that may be recovered by one party from another.
(2)  A maximum amount specified in an order under subrule (1) may not include an amount that a party is ordered to pay because the party—
(a)  has failed to comply with an order or with any of these rules, or
(b)  has sought leave to amend its pleadings or particulars, or
(c)  has sought an extension of time for complying with an order or with any of these rules, or
(d)  has otherwise caused another party to incur costs that were not necessary for the just, quick and cheap—
(i)  progress of the proceedings to trial or hearing, or
(ii)  trial or hearing of the proceedings.
(3)  An order under subrule (1) may include such directions as the court considers necessary to effect the just, quick and cheap—
(a)  progress of the proceedings to trial or hearing, or
(b)  trial or hearing of the proceedings.
(4)  If, in the court’s opinion, there are special reasons, and it is in the interests of justice to do so, the court may vary the specification of maximum recoverable costs ordered under subrule (1).
42.5   Indemnity costs
(cf SCR Part 52A, rule 37)
If the court determines that costs are to be paid on an indemnity basis—
(a)  in the case of costs payable out of property held or controlled by a person who is a party to the proceedings—
(i)  in the capacity of trustee, executor, administrator or legal representative of a deceased estate, or
(ii)  in any other fiduciary capacity,
all costs (other than those that have been incurred in breach of the person’s duty in that capacity) are to be allowed, and
(b)  in any other case, all costs (other than those that appear to have been unreasonably incurred or appear to be of an unreasonable amount) are to be allowed.
42.6   Amendment of pleading etc without leave
(cf SCR Part 52A, rule 15)
Unless the court orders otherwise, a party that amends a pleading or summons without leave must, after the conclusion of the proceedings, pay the costs of and occasioned by the amendment.
42.7   Interlocutory applications and reserved costs
(cf SCR Part 52A, rule 16; DCR Part 39A, rule 22; LCR Part 31A, rule 17)
(1)  Unless the court orders otherwise, the costs of any application or other step in any proceedings, including—
(a)  costs that are reserved, and
(b)  costs in respect of any such application or step in respect of which no order as to costs is made,
are to be paid and otherwise dealt with in the same way as the general costs of the proceedings.
(2)  Unless the court orders otherwise, costs referred to in subrule (1) do not become payable until the conclusion of the proceedings.
42.8   Dispute of fact subsequently proved or admitted
(1)  In this rule—
disputing party means the party who serves a notice disputing a fact under rule 17.3(2).
fact in dispute means the fact that is the subject of a notice served under rule 17.3(2).
requesting party means the party who is served with a notice disputing a fact under rule 17.3(2).
(2)  Unless the court orders otherwise, the disputing party must, after the conclusion of proceedings in which a fact in dispute is subsequently proved or is subsequently admitted by the disputing party, pay the requesting party’s costs, assessed on an indemnity basis, being costs incurred by the requesting party—
(a)  in proving the fact, or
(b)  if the fact has not been proved—in preparation for the purpose of proving the fact.
(3)  An entitlement to costs under this rule is not affected by any order as to costs unless that order makes particular reference in that regard.
42.9   Dispute of authenticity of document subsequently proved or admitted
(1)  In this rule—
disputing party means a party who serves a notice disputing the authenticity of a document under rule 17.4(2) or 17.5(3).
document in dispute means a document that is the subject of a notice served under rule 17.4(2) or 17.5(3).
requesting party means a party who is served with a notice disputing the authenticity of a document under rule 17.4(2) or 17.5(3).
(2)  Unless the court orders otherwise, the disputing party must, after the conclusion of proceedings in which the authenticity of a document in dispute is subsequently proved or is subsequently admitted by the disputing party, pay the requesting party’s costs, assessed on an indemnity basis, being costs incurred by the requesting party—
(a)  in proving the authenticity of the document, or
(b)  if the authenticity of the document has not been proved—in preparation for the purpose of proving the authenticity of the document.
(3)  An entitlement to costs under this rule is not affected by any order as to costs unless that order makes particular reference in that regard.
42.10   Disobedience to rule, judgment, order or direction
(cf SCR Part 52A, rule 25; DCR Part 39A, rule 4)
If a party fails to comply with a requirement of these rules, or of any judgment or order of the court, the court may order the party to pay such of the other parties’ costs as are occasioned by the failure.
42.11   Injunction
(cf SCR Part 52A, rule 27)
(1)  Unless the court orders otherwise, an order as to costs with respect to an interlocutory injunction that continues an earlier interlocutory injunction, with or without modification, is to include the costs of the earlier injunction.
(2)  In this rule, interlocutory injunction means an interlocutory injunction granted by the Supreme Court, and includes a temporary injunction granted by the District Court under section 140 of the District Court Act 1973.