278Costs

278 Costs

(1) Subject to this Act, in proceedings brought before a court under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958, by a person other than the Authority, an employer or a self-insurer, the court—

(a) must award costs against the party against whom a judgment or decision is made; and

(b) may, if it considers it appropriate, include in an order under paragraph (a) an award of costs to the representative of a worker in whose favour a judgment or decision is made; and

(c) must not otherwise make an award of costs.

(2) Nothing in subsection (1) applies to proceedings brought by the Authority, an employer or a self-insurer.

(3) In proceedings before the County Court under this Act which relate to a claim under section 98 or 98A of the Accident Compensation Act 1985, if a judgment or order is made by the County Court for the payment of an amount of compensation to the claimant—

S. 278(3)(a) amended by No. 10/2022 s. 80(1).

(a) which is not less than 90 per cent of the claimant's counter statutory offer but is greater than the statutory offer made by the Authority, employer or self-insurer, the Authority, employer or self-insurer must pay the claimant's costs assessed on the standard basis and must bear their own costs; or

S. 278(3)(b) amended by No. 10/2022 s. 80(2).

(b) which is equal to or less than the statutory offer made by the Authority, employer or self-insurer, the claimant must pay costs assessed on the standard basis of the Authority, employer or self-insurer and bear his or her own costs; or

(c) which is greater than the statutory offer made by the Authority, employer or self-insurer but less than 90 per cent of the counter statutory offer made by the claimant, each party must bear their own costs—

and the County Court must not otherwise make an award of costs.

S. 278(4) amended by No. 73/2016 s. 21(2).

(4) If a direction of ACCS under Division 2—

(a) is revoked by the court on an application under section 299; and

(b) the court has not made an order under section 299(4)(b)—

the court—

(c) must order that the costs of the worker are to be paid by the person who made the application; and

(d) must not order that the costs of the person who made the application be paid by the worker.

(5) Costs awarded to a worker or claimant by the County Court in proceedings brought by the worker or claimant in which the judgment or decision is a judgment or decision that could have been made by the Magistrates' Court, had the proceedings been brought in the Magistrates' Court, must be awarded as if the scale of costs applicable in the Magistrates' Court applied.