1703Costs—order against non-party

1703 Costs—order against non-party (1) Unless these rules otherwise provide, the court must not make an order for costs in a proceeding against a person who is not a party to the proceeding except in accordance with subrule (2). Note For provisions of these rules that otherwise provide, see r 745 (Freezing orders—costs) and r 755 (Search orders—costs).

Rule 1703 (2) The court may make an order— (a) for payment by a relator in a proceeding of all or part of the costs of a party to the proceeding; or Note A relator is a person who starts and carries on a proceeding in the Attorney-General’s name. A person may bring a proceeding as relator with the Attorney-General’s permission (or fiat) where the proceeding involves the public interest and the person would otherwise not have standing to bring the proceeding. (b) for payment by a person of all or part of the costs of a party to a proceeding that were caused by— (i) the person’s contravention of an order made by the court in the proceeding that is binding on the person; or (ii) the person’s breach of an undertaking given to the court by the person in the proceeding; or (c) for payment, by a person who has committed contempt of court or an abuse of the court’s process, of all or part of the costs of a party to a proceeding that were caused by the contempt or abuse of process; or (d) for costs against a person who purports, without authority, to conduct a proceeding in the name of someone else; or (e) for costs against a person who starts or carries on a proceeding, or purports to do so, as an authorised director of a corporation; or (f) of the kind mentioned in rule 1704; or

Costs generally Division 2.17.1 Rule 1704 (g) for costs against a person in the exercise of its supervisory jurisdiction over its own proceedings and its own officers, including, for example, an order for costs against legal practitioners and court-appointed liquidators and receivers. Note 1 The court may order a legal practitioner to pay all or part of a party’s costs if the costs are incurred because of the practitioner’s conduct (see r 1753 (Costs—legal practitioner’s delay etc). (3) The court may make an order under subrule (2) (g) on its own initiative if justice requires it.