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Court Procedures Rules
1722Costs—solicitors’ costs generally
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1722 Costs—solicitors’ costs generally
(1) For assessing costs under this part, unless the court otherwise orders,
a solicitor is entitled to charge, and be allowed, the costs under the
prescribed scale of costs for work done for or in a proceeding in the
court, multiplied by the prescribed percentage.
Note The Civil Law (Wrongs) Act 2002, s 181 (Maximum costs for claims of
$50 000 or less) limits costs in relation to a claim for personal injury
damages if $50 000 or less is recovered, if the cause of action arose after
1 January 2003 or the party and the party’s solicitor had an agreement
about costs before 1 January 2003 (see Civil Law (Wrongs) Act 2002, s
224 (expired)).
(2) The costs under the prescribed scale of costs for work done are
inclusive of any GST payable in relation to the work.
(3) However, the costs payable to a party are reduced by the amount of
any input tax credit for GST to which the party is entitled in relation
to the party’s costs.
prescribed percentage means—
(a) for a proceeding in the Supreme Court—100%; or
(b) for a proceeding in the Magistrates Court—
(i) if the relevant amount is less than $10 000—33%; or
Rule 1723
(ii) if the relevant amount is not less than $10 000 but less than
$25 000—67%; or
(iii) if the relevant amount is not less than $25 000 but less than
$40 000—80%; or
(iv) if the relevant amount is not less than $40 000 but less than
$50 000—90%; or
(v) if the relevant amount is not less than $50 000—100%.
relevant amount—see rule 1723.