30Costs where claimant does not accept assessed amount of damages

#### 30 Costs where claimant does not accept assessed amount of damages 30 Costs where claimant does not accept assessed amount of damages > > (1) This clause applies to a claim for damages if— > > > > > (a) an assessment of the amount of damages for liability under the claim is made under Division 7.6 of the Act, and > > > > > (b) the claimant does not accept that amount of damages in settlement of the claim within 21 days after the certificate of assessment is issued. > > > (2) If the amount of court awarded damages in respect of the claim does not exceed the amount of damages specified in the certificate of assessment, the claimant is liable to pay the costs, not exceeding $25,000 (or such other amount as is determined by the Authority by order published in the Gazette), incurred by any party in respect of the claim. > > > (3) The insurer is liable to pay the costs incurred by any party in respect of the claim if the amount of court awarded damages— > > > > > (a) exceeds the amount of damages specified in the certificate of assessment by at least $2,000 or 20% (whichever is the greater), or > > > > > (b) exceeds the amount of damages specified in the certificate of assessment by at least $200,000. > > > (4) In any other case, the insurer and claimant are liable to pay their own costs incurred in respect of the claim. > > > (5) Subclauses (2)–(4) apply subject to any direction of a court as to costs. > > > (6) This clause does not apply to costs incurred in the matter before the certificate of assessment is issued. > > > (7) If court proceedings are adjourned under section 6.34 of the Act for further claims assessment because a party to the proceedings has adduced significant evidence in the proceedings that was available to the party at the time of the original claims assessment but was not made available to the Commission, the court— > > > > > (a) is to take the failure of the party to make that evidence available to the Commission into account, and > > > > > (b) may require the party to pay a greater share of the costs incurred after the initial certificate of assessment was issued and until a further certificate of assessment is issued in connection with the claim. > > > (8) In this section— > > > > costs means costs payable on a party and party basis. > > > > court awarded damages means all damages of any kind awarded by a court in respect of a claim (without the addition of interest) after taking into account any deduction or reduction in accordance with Part 4 of the Act. > > **cl 30:** Ins 2017 (639), Sch 1 \[3\]. Am 2020 (744), Sch 1.2\[8\].