12Exercising discretion to award costs

#### 12 Exercising discretion to award costs (1) In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of: (a) whether a person who was required to file a genuine steps statement under Part 2 in the proceedings filed such a statement; and (b) whether such a person took genuine steps to resolve the dispute. (2) In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of any failure by a lawyer to comply with the duty imposed by section 9. (3) If a lawyer is ordered to bear costs personally because of a failure to comply with section 9, the lawyer must not recover the costs from the lawyer’s client.