Motor Accident Insurance Regulation 2018
sec.29Costs if mandatory final offer accepted— Act , s 51C
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sec.29 Costs if mandatory final offer accepted— Act , s 51C
For section 51C (4) of the Act , if a mandatory final offer for more than the lower offer limit but not more than the upper offer limit is accepted, the claimant is entitled to payment of costs as follows— 100% of item 1 costs; 50% of item 5 costs; the claimant’s costs of legal representation, if any, at the compulsory conference at the rate of $175 for the first hour and $150 for every hour after the first and, for a period of less than 1 hour, the relevant proportion of the appropriate hourly rate; the claimant’s costs of an application to the court up to a maximum of $400; reasonable disbursements of which documentary evidence is available. However, if the amount calculated under subsection (1) is more than the declared costs limit, the claimant’s entitlement is limited to the declared costs limit. In this section— item 1 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 1. item 5 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 5. s 29 amd 2024 SL No. 28 s 5 (sec.29-ssec.1) For section 51C (4) of the Act , if a mandatory final offer for more than the lower offer limit but not more than the upper offer limit is accepted, the claimant is entitled to payment of costs as follows— 100% of item 1 costs; 50% of item 5 costs; the claimant’s costs of legal representation, if any, at the compulsory conference at the rate of $175 for the first hour and $150 for every hour after the first and, for a period of less than 1 hour, the relevant proportion of the appropriate hourly rate; the claimant’s costs of an application to the court up to a maximum of $400; reasonable disbursements of which documentary evidence is available. (sec.29-ssec.2) However, if the amount calculated under subsection (1) is more than the declared costs limit, the claimant’s entitlement is limited to the declared costs limit. (sec.29-ssec.3) In this section— item 1 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 1. item 5 costs means costs allowable under the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 5.
- (a) 100% of item 1 costs;
- (b) 50% of item 5 costs;
- (c) the claimant’s costs of legal representation, if any, at the compulsory conference at the rate of $175 for the first hour and $150 for every hour after the first and, for a period of less than 1 hour, the relevant proportion of the appropriate hourly rate;
- (d) the claimant’s costs of an application to the court up to a maximum of $400;
- (e) reasonable disbursements of which documentary evidence is available.