276Costs—awards of damages over $50 000

276 Costs—awards of damages over $50 000 (1) This section applies if a court awards more than $50 000 AWE indexed in damages in a proceeding (other than an appellate proceeding) based on a motor accident claim.

(2) If the amount of damages is equal to or more than a mandatory final offer made by the claimant, the claimant may apply to the court for an order that the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made, and on an indemnity basis from that day. (3) If the amount of damages is less than a mandatory final offer made by the respondent, the respondent may apply to the court for an order that— (a) the respondent pay the claimant’s costs on a party and party basis up to the day the offer was made; and (b) the claimant pay the respondent’s costs on an indemnity basis from that day. (4) Also, the court may make an award of costs on an indemnity basis to compensate a party for costs resulting from a failure by another party to comply with a procedural obligation under this part. Division 5.7.5 Judgment for noncompliance with time limits