sec.703Indemnity basis of assessment

### sec.703 Indemnity basis of assessment The court may order costs to be assessed on the indemnity basis. Costs on the indemnity basis were previously solicitor and client costs—see rule 743S (Old basis for taxing costs equates to new basis for assessing costs). Without limiting subrule (1) , the court may order that costs be assessed on the indemnity basis if the court orders the payment of costs— out of a fund; or to a party who sues or is sued as a trustee; or of an application in a proceeding brought for noncompliance with an order of the court. When assessing costs on the indemnity basis, a costs assessor must allow all costs reasonably incurred and of a reasonable amount, having regard to— the scale of fees prescribed for the court; and any costs agreement between the party to whom the costs are payable and the party’s solicitor; and charges ordinarily payable by a client to a solicitor for the work. r 703 sub 2007 SL No. 315 s 10 (sec.703-ssec.1) The court may order costs to be assessed on the indemnity basis. Costs on the indemnity basis were previously solicitor and client costs—see rule 743S (Old basis for taxing costs equates to new basis for assessing costs). (sec.703-ssec.2) Without limiting subrule (1) , the court may order that costs be assessed on the indemnity basis if the court orders the payment of costs— out of a fund; or to a party who sues or is sued as a trustee; or of an application in a proceeding brought for noncompliance with an order of the court. (sec.703-ssec.3) When assessing costs on the indemnity basis, a costs assessor must allow all costs reasonably incurred and of a reasonable amount, having regard to— the scale of fees prescribed for the court; and any costs agreement between the party to whom the costs are payable and the party’s solicitor; and charges ordinarily payable by a client to a solicitor for the work. - (a) out of a fund; or - (b) to a party who sues or is sued as a trustee; or - (c) of an application in a proceeding brought for noncompliance with an order of the court. - (a) the scale of fees prescribed for the court; and - (b) any costs agreement between the party to whom the costs are payable and the party’s solicitor; and - (c) charges ordinarily payable by a client to a solicitor for the work.