344Costs

344 Costs (1) Subject to the rules of the court— (a) in proceedings relating to an application for leave of the court under section 335(2)(d), costs are to be awarded against a party against whom a decision is made; and (b) unless subsection (2) applies in proceedings for the recovery of damages in accordance with this Division— (i) if no liability to pay damages is established, costs are to be awarded against the claimant; and (ii) if damages are assessed but cannot be awarded under this Division, each party bears its own costs; and (iii) if damages are awarded, costs are to be awarded against the Authority or self-insurer. (2) In proceedings for the recovery of damages commenced in accordance with this Division after a statutory offer was made, or deemed to have been made, under section 333 or 334— S. 344(2)(a) amended by No. 10/2022 s. 83(1). (a) if no liability to pay damages is established, the worker must pay the costs assessed on the standard basis of the employer, Authority or self-insurer and the worker's own costs; or S. 344(2)(b) amended by No. 10/2022 s. 83(1). (b) if judgment is obtained or a settlement or compromise is made in an amount not less than 90 per cent of the worker's statutory counter offer under section 333 and more than the statutory offer of the Authority or self-insurer, the Authority or self-insurer must pay the worker's costs assessed on the standard basis and its own costs; or S. 344(2)(c) amended by No. 10/2022 s. 83(2). (c) if judgment is obtained or a settlement or compromise is made in an amount not more than the statutory offer of the Authority or self-insurer under section 333, the worker must pay costs assessed on the standard basis of the Authority or self-insurer and the worker's own costs; or (d) if judgment is obtained or a settlement or compromise is made in an amount that is more than the statutory offer of the Authority or self-insurer under section 333 but less than 90 per cent of the worker's statutory counter offer under that subsection, each party bears its own costs— and the court must not otherwise make an order as to costs. (3) For the purposes of determining a liability to pay costs, or an entitlement to be paid costs, under subsection (2)(b), (c) or (d), if the amount of a judgment, order for damages, settlement or compromise is required to be reduced under section 343(1), the amount of the reduction must be the amount of compensation paid— (a) to the date of the statutory counter offer under section 333; or (b) to the date of the deemed statutory counter offer under section 334(2). (4) A reduction under subsection (3) must be made before the reduction (if any) under section 26(1) of the **Wrongs Act 1958** is made. (5) For the purpose of the taxing of costs in proceedings to which this Division applies, any applicable scale of costs has effect as if amounts in the scale were reduced by 20 per cent. (6) A person who represents or acts on behalf of a worker is not entitled— (a) to recover any costs from that worker in respect of any proceedings under this Division; or (b) to claim a lien in respect of those costs; or (c) to deduct those costs from any sum awarded as damages— unless an award of costs has been made by the court in respect of those costs or those costs are payable in accordance with this Division by the worker. (7) The court, on the application of— (b) the person representing or acting on behalf of the worker— may determine the amount of costs to be awarded to the person representing or acting on behalf of the worker.