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Court Procedures Rules
1741Costs—fixed costs for enforcement order
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1741 Costs—fixed costs for enforcement order
(1) This rule applies to an application for an enforcement order under
part 2.18 (Enforcement) if the court makes an enforcement order.
Rule 1750
(2) The enforcement creditor’s costs (plus any disbursements actually
paid) must be allowed without assessment if the costs claimed (other
than any disbursements actually paid) are not more than the costs
amount applying, from time to time, under—
(a) if the work was done by the enforcement creditor’s solicitor as
an agent for another solicitor—schedule 3, part 3.4, column 3;
or
(b) in any other case—schedule 3, part 3.4, column 4.
(3) The costs allowed under subrule (2) are inclusive of any GST payable
in relation to the work.
(4) However, the costs payable to the enforcement creditor are reduced
by the amount of any input tax credit for GST to which the
enforcement creditor is entitled in relation to the enforcement
creditor’s costs.
(5) The enforcement creditor’s costs and disbursements must be agreed
or assessed if the costs claimed (other than disbursements actually
paid) are more than the costs amount applying, from time to time,
under schedule 3, part 3.4 (Enforcement orders).