138Entitlement to costs

138 Entitlement to costs

(1)  [Rule 138 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] Unless the Court orders otherwise, a successful party in a proceeding is entitled on judgment to costs against an unsuccessful party in accordance with this rule and rule 139 .

(2)  If judgment is in respect of an action for a sum of money –

(a) a successful claimant is entitled to costs on the relevant scale specified in Schedule 1 applicable to the sum actually recovered; and

(b) a successful defendant is entitled to costs on the relevant scale specified in Schedule 1 applicable to the sum claimed.

(3)  [Rule 138 Subrule (3) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] If judgment is in respect of proceedings other than an action for a sum of money, a successful party is entitled to costs on the applicable scale in Schedule 1 as determined by the Court.

(4)  Each item in Schedule 1 is inclusive of costs for all incidental and necessary activity and advice.

(5)  Costs are not allowed for any item not listed in Schedule 1 .

(6)  An assessment officer may determine that a lesser amount than that specified for any item listed in Parts 1 and 2 of Schedule 1 is allowed.

(7)  [Rule 138 Subrule (7) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] If a scale of costs in respect of a particular proceeding is not specified in Schedule 1 , the Court, on the application of a successful party or at the request of a registrar, may fix an appropriate scale of costs.

(8)  [Rule 138 Subrule (8) amended by S.R. 2009, No. 78, Applied:08 Jul 2009] If the Court considers proper cause exists, the Court may order that a successful party is entitled to costs on a solicitor and client basis.