12Jurisdiction as to costs

### 12 Jurisdiction as to costs > > (1)  [*\[Section 12 Subsection (1) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2000-054#JS4@Ja14@GC3@EN) Subject to the provisions of this Act and the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , and to the express provisions of any special statute which is not expressly or impliedly repealed by this Act, the Court and every judge thereof, whether sitting in court or in chambers, shall have jurisdiction to award costs in all causes and matters whatsoever (including proceedings for, or on, or in connection with an order of review under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) or a writ of *habeas corpus* and causes and matters dismissed for want of jurisdiction) instituted in the Court or brought before the Court or a judge thereof by or against any party or person, including the Attorney-General and any body politic. > > > (2)  Subject as provided in [subsection (1)](#GS12@Gs1@EN) the costs of all proceedings whatsoever in the Court, including the administration of estates and trusts, shall be in the discretion of the Court or judge, and the Court or judge shall have full power and authority to determine by whom or out of what estate, fund, or property, and to what extent such costs are to be paid. > > > (3)  The Court or any judge thereof may award costs as between solicitor and client in any case in which such costs may be awarded by the Court or a judge thereof at the commencement of this Act.