In these rules, unless the context otherwise requires,—

In any judgment, order, direction, or other document forming part of a proceeding, unless the context otherwise requires, the terms month and working day have the same meanings as given to those terms in subclause (1).

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

These rules apply to all proceedings of the Court, except proceedings to which the Court of Appeal (Criminal) Rules 2001 apply.

The Court may give any directions that seem necessary for the just and expeditious resolution of any matter that arises in a proceeding, whether on application by a party or on the Court’s own initiative.

The Court may extend or shorten the time appointed by these rules, or fixed by any order, for doing any act or taking any proceeding or any step in a proceeding on any terms that the Court thinks just.

The Court may exercise a power conferred by subclause (2)—

An application under subclause (3)(a) may be an informal application, unless these rules state otherwise.

If any matter arises in a proceeding for which no form of procedure is prescribed by these rules, the Court must dispose of the matter as nearly as practicable in accordance with the provisions of these rules affecting any similar matter, or, if there are no such provisions, in the manner that the Court thinks best calculated to promote the ends of justice.

The Court may give directions to determine the form of documents to be filed in proceedings.

The Registrar may, unless otherwise directed by a Judge,—

The Registrar’s power under subclause (1)(c)—

A Judge may—

If a document does not comply with these rules, the document cannot be accepted for filing unless a Judge or the Registrar gives leave for the document to be filed.

An application or an appeal is not invalid merely because there has been a failure to comply with these rules in the course of the application or appeal.

However, the Court may set aside, amend, or deal with the application or appeal, or part of the application or appeal, in any other manner and on any terms that the Court thinks appropriate.

A Judge may exercise—

Every judgment, minute, or direction must identify on the face of it the Judge or Judges who made the decision or minute or gave the direction.

This rule applies if—

The Court or the Registrar may correct the judgment or order or the reasons for the judgment or order on—

The Registrar may correct the judgment or order or the reasons for the judgment or order in accordance with subclause (2) only if the judgment or order in question was made by the Registrar.

The Court may, on an interlocutory application or on its own initiative, recall or reopen a judgment given in writing or orally, at any time before a formal record of it is drawn up and sealed.

Neither the parties nor their representatives have a right to appear before the Court on an application for a judgment to be recalled or reopened, unless the Court otherwise directs.

The first page of each document filed in the Registry must have a heading comprising—

Every document must be in legible type of not less than 12 point size or be in neat and legible handwriting.

Every page of a document must have a margin that must be—

All documents must be printed or handwritten using only 1 side of every page except for authorities and the case on appeal, which may be double-sided.

A document may be filed in the Registry—

A document may be served on a party—

If a document is, in accordance with this rule, filed by sending it by mail to the Registry, the document is filed on the day on which the Registry receives it.

If a document is, in accordance with this rule, served by sending it by mail to a postal address, the document is served on the earlier of—

If a document is, in accordance with this rule, filed or served by sending it to an electronic address, the document is filed or served at the time it is received by the relevant electronic communications or information management, retrieval, or storage system.

However, if the document is received by the relevant electronic communications or information management, retrieval, or storage system on a day that is not a working day or at a time that is not between 9 am and 5 pm, the document is filed or served at 9 am on the first working day after that receipt.

The Court may require an original copy of a document filed electronically to be produced.

Despite subclauses (1) and (2),—

In this rule,—

If, under these rules, or with the authority of the Court, any document or bundle of documents is to be served or filed electronically by any party, the party must comply with any practice note issued from time to time by the President of the Court of Appeal about electronic format.

Where these rules, or a judgment, order, minute, or other direction of the Court, provides for a party or other person to make an informal application, the party or person may make that application by letter or by email.

The letter or email does not need to be in any particular form.

An informal application made by letter may be hand delivered to the Registry or sent to a postal address published by the Registrar.

An informal application made by email may be sent to an email address published by the Registrar.

A person making an informal application is not required to pay a fee for that application.

Affidavits made in matters heard or pending in the court or tribunal of first instance or in the court appealed from may be used in the Court of Appeal.

The provisions of the High Court Rules 2016 concerning affidavits apply, with any necessary modifications, to affidavits in the Court of Appeal.

Affidavits in the Court of Appeal may be sworn before—

None of the matters referred to in subclause (2) operate as—

The matters are—

Pending the determination of an application for leave to appeal or an appeal, the court appealed from or the Court may, on an interlocutory application,—

An order or a grant under subclause (3) may—

If the court appealed from refuses to make an order under subclause (3), the Court may, on an interlocutory application, make an order under that subclause.

If the court appealed from makes an order under subclause (3), the Court may, on an interlocutory application, vary or rescind that order.

The Court may, at any time, vary or rescind an order made by it under this rule.

This Part applies if leave of the Court is required before a person may bring an appeal.

In this Part, leave includes special leave.

If an enactment provides that the Court of Appeal may give leave to appeal against a decision, an application for that leave must be made to the Court—

The appropriate time is,—

For the purposes of subclauses (1) and (2), the date of a decision is the date on which the decision is given, whether or not—

A respondent who wishes to cross-appeal must apply for leave to cross-appeal within 10 working days after the date on which a copy of the appellant’s application for leave is served on the respondent.

An application for leave to appeal or cross-appeal must be in form 1 of Schedule 1 or in a form to similar effect.

An application for leave to appeal is brought only when—

The applicant is responsible for serving the application.

The Registrar must promptly transmit a copy of the application to the Registrar of the court appealed from.

If the application for leave to appeal is not brought within the time specified in rule 14, the applicant may file an interlocutory application for an extension of that time.

The applicant must, promptly after filing an application for an extension of time, serve a copy of the application on the respondent.

If an application for leave to appeal has not already been filed, that application and the application for an extension of time may be included in a single application.

Rules 19A, 19B, and 23 apply, with all necessary modifications, to an application under this rule.

An application for leave to appeal must state—

If the appeal relates only to a part of the decision concerned, that part must be identified in the application.

An application for leave to appeal must be accompanied by—

The documents referred to in subclause (1)(a) to (d) need not be served.

The applicant must serve an affidavit filed under subclause (1)(e).

A party may amend an application for leave only with the leave of the Court.

In seeking leave to amend the application for leave under subclause (1), the party must, unless the Court otherwise directs, submit a draft of the application that sets out all the proposed grounds and incorporates the amendments sought.

At any time before giving leave to appeal, the Court may grant the party leave to amend the application for leave.

The respondent must, within 10 working days after the date on which the respondent is served with a copy of the application for leave to appeal, file and serve a memorandum stating whether the respondent consents to or opposes the application.

If the respondent opposes the application, the memorandum that is filed and served must—

If the respondent does not comply with this rule within the time specified in subclause (1), or any extended time permitted under these rules, the applicant must promptly—

If the respondent consents to the application for leave to appeal, a Judge may give leave to appeal and give any consequential directions.

If the respondent opposes the application or the respondent does not comply with rule 19A,—

Where an application under this Part is contested, the applicant must, within 20 working days after filing the application for leave to appeal,—

The applicant’s written submissions under subclause (1) must set out, clearly and succinctly,—

A party who wishes to make written submissions in response to the applicant’s written submissions must, within 15 working days after the date of being served under subclause (1)(b),—

In each case, the submissions must be contained in a document of not more than 10 pages, using 1.5 line spacing.

The parties to an application for leave to appeal are not required to prepare a case on appeal for that application.

This rule is subject to any directions that the Court may give.

If a Judge directs that the application for leave to appeal is to be determined by an oral hearing, the Registrar must allocate a hearing date for the application and notify the parties of that date.

Oral submissions made at the hearing of an application for leave to appeal may not exceed—

Subclause (1) is subject to any contrary direction given in a particular case by a Judge.

An applicant for leave to appeal may, at any time, abandon an application by filing in the Registry a notice advising that the applicant—

The notice must be signed by—

The abandonment of an application does not affect the power of the Court or a Judge to make any order as to costs in respect of the application.

This rule applies when the Registrar or a Judge determines that the fee payable on filing an application for leave to appeal is not to be waived and the applicant for leave to appeal then fails to comply with regulation 7(2)(a) of the Court of Appeal Fees Regulations 2001.

When this rule applies, the application for leave to appeal is to be treated as abandoned on the expiry of 2 months from the later of the date of the determination of—

A Judge, on an interlocutory application made within 20 working days of the date on which the application for leave to appeal was treated as abandoned under subclause (2), may, if the interests of justice so require, reinstate the application for leave to appeal, but only if the fee has been paid before the application under this subclause is made.

This rule is subject to section 160 of the Senior Courts Act 2016 but overrides rules 5(2) and 6.

The Court may—

If the Court gives leave to appeal,—

If the Court refuses to give leave to appeal, it must state its reasons for refusing to give leave to appeal, but those reasons may be stated briefly and in general terms only.

The Court may refuse to give the appellant leave to appeal but may give the respondent leave to cross-appeal, in which case the party who, before the giving of that leave, was the respondent must then be treated as the appellant.

The Registrar must promptly advise the parties and the Registrar of the court appealed from whether or not leave has been given.

All interlocutory applications to the Court (other than an application for leave to appeal under Part 2) must be made in accordance with the rules in this Part, unless these rules provide otherwise or a Judge directs that a different procedure is to be used.

An interlocutory application must be in form 3 of Schedule 1.

The application is brought by—

Rules 19A to 26A and 27 apply, with all necessary modifications, to an interlocutory application under this Part as if it were an application for leave to appeal.

This Part applies to—

In this Part,—

A party must bring an appeal—

The appropriate time is,—

A party who is entitled to bring a cross-appeal to the Court as of right and who wishes to bring the cross-appeal must bring the cross-appeal within 10 working days after the date on which a copy of the notice of appeal is served on the party.

For the purposes of subclause (1), the date of the decision is the date on which the decision is given,—

If the appeal period prescribed by an enactment or the period prescribed by rule 29(1) or (2) has expired, a party who wishes to appeal may make an interlocutory application for an extension of time in which to appeal.

If the Court or a Judge grants an extension of time, the party wishing to appeal must bring the appeal—

A notice of appeal or cross-appeal must be in form 2 of Schedule 1 or in a form to similar effect.

A notice of appeal or cross-appeal must be signed by the appellant or respondent personally or by that party’s lawyer.

If a notice of appeal or cross-appeal is defective, a Judge may require the party who has filed the notice to remedy the defect within a specified period of not less than 10 working days.

If the defect is not remedied within the specified period, the appeal is to be treated as having been abandoned.

An appeal is brought only when—

The appellant is responsible for serving the notice of appeal.

The Registrar must promptly—

If the appeal relates only to a part of the decision concerned, that part must be identified in the notice of appeal.

A notice of appeal is not required if the proceeding is a case stated under the authority of an enactment or is a proceeding removed from the High Court under section 59 of the Senior Courts Act 2016.

If subclause (5) applies, the proceeding will be dealt with in accordance with the directions of a Judge.

A cross-appeal is brought only when—

The respondent is responsible for serving the notice of cross-appeal.

The Registrar must promptly—

If the cross-appeal relates only to a part of the decision concerned, that part must be identified in the notice of cross-appeal.

If the respondent intends to support the decision appealed against on a ground other than the one upon which it was based, the respondent must, within the time specified in subclause (2), file and serve a memorandum setting out the ground upon which the respondent intends to support the decision appealed against.

The time is 10 working days after the date on which the appellant’s notice of appeal is served on the respondent.

If the respondent brings a cross-appeal, the memorandum referred to in subclause (1) may be included in the notice of cross-appeal.

The respondent must file and serve a notice of appearance in form 4 of Schedule 1 within 10 working days after the date on which the appellant’s notice of appeal is served on the respondent.

An appellant may amend the grounds of appeal by filing and serving a memorandum amending those grounds.

However, the grounds of appeal may be amended only by leave of the Court if—

The leave of the Court to amend the grounds of appeal is not required under subclause (2) if the other party consents to the amendment of those grounds.

This rule applies to every appeal except—

The appellant in an appeal to which this rule applies must, within the time specified in subclause (3), pay to the Registrar security for the respondent’s costs in the Court.

The time is 20 working days after the notice of appeal has been filed in the Registry.

If there is more than 1 respondent, each of them is entitled to security for their costs in the Court (unless they have the same lawyer, in which case they must be treated, for the purposes of calculating the amount of security, as a single respondent).

The amount of security payable under subclause (2) is—

However, the Registrar may, on application, if satisfied that the circumstances warrant it, make an order—

An application under subclause (6)—

The Registrar must notify the respondent as soon as—

If a respondent has brought a cross-appeal, this rule and rules 36 and 37 must be read as if references to—

The Registrar may, on an informal application, extend the time for complying with subclause (7)(a).

The Registrar may at any time, on an informal application, revoke any requirement to pay security for costs on proof that the party required to pay security is legally aided.

This rule applies to every appeal in which the appellant has applied for, or been granted, legal aid at the time the appeal is brought.

An appellant who has been granted legal aid at the time the appeal is brought does not need to pay security for the respondent’s costs in the Court.

An appellant whose application for legal aid has not been determined at the time the appeal is brought does not need to pay security for the respondent’s costs in the Court while that application is pending.

As soon as the application is determined, the appellant must promptly give the Registrar and the respondent written advice and proof of the outcome.

If the application is granted, the appellant does not need to pay security for the respondent’s costs in the Court.

If the application is declined, or the application is granted but legal aid is later withdrawn, rule 35 applies to the appeal with the following (and any other necessary) modifications:

The Registrar may, on an informal application, extend the time for complying with subclause (6)(b).

The Registrar may require an appellant to provide proof that an application for legal aid has been made.

The Court may, on an interlocutory application or on its own initiative, make an order striking out an appeal if security for costs is not paid by the time payment is due.

The appellant may not apply for the allocation of a hearing date under rule 38(1) if the appellant is in default of any obligation to pay security for costs or prescribed fees.

A party may, at any time, apply to the Registrar for the allocation of a hearing date.

Subclause (1) is subject to rule 37(2).

The party applying to the Registrar for the allocation of a hearing date (the applicant) must, at the same time, supply to the Registrar—

The applicant must promptly serve the other party with a copy of—

The Registrar must,—

This rule is subject to rule 43.

The appellant must prepare the case on appeal in consultation with the respondent, unless the parties agree otherwise or the Registrar dispenses with this requirement.

The parties may not include in the case on appeal any document that is not relevant to the grounds to be argued on the appeal.

The parties must endeavour to avoid the unnecessary duplication of documents.

If the parties do not agree on whether a document should be excluded, the document must be included but the fact of the disagreement must be noted and may be taken into account for the purpose of fixing costs.

The appellant must—

The case on appeal must be filed on the earlier of the following:

The pages contained in a case on appeal must be A4 in size and every page must be numbered consecutively from volume to volume.

Each volume must—

If there is more than 1 volume, there is to be a separate volume containing only—

If the period commencing on 25 December in one year and ending on 15 January in the next year includes any days in the 3-month period calculated in accordance with subclause (2)(a), that 3-month period is extended by the number of those days.

If the 3-month period or any extended period calculated under subclause (6) expires on a non-working day, the 3-month period is deemed to be extended until the next working day.

If the appeal involves a question of fact, the evidence on the question that was taken in the court appealed from must be included in the case on appeal by showing—

Only evidence that is relevant to an issue in the appeal may be shown in the evidence volume or the exhibits volume.

The fact that a witness’s evidence or an exhibit has been omitted from the evidence volume or the exhibits volume does not prevent a party from referring to that evidence or exhibit at the hearing of the appeal.

The evidence volume must set out the evidence of witnesses in the order in which the evidence was given and must, for each witness, set it out in the following order:

A copy of an affidavit that is included under subclause (1)(a)(i) must be stripped of any exhibits.

If, in an affidavit or in a written statement included under subclause (1)(a), a witness has produced or referred to an exhibit, the affidavit or statement must be marked, in the margin next to the relevant passage, with a cross-reference to the page in the exhibits volume where that exhibit is shown.

The index to the evidence volume must refer, by page number, to the commencement of the evidence in chief, cross-examination, and re-examination of each witness.

The exhibits volume must set out the exhibits in the following order:

The index to the exhibits volume must show the following details for each exhibit:

Each party must file a written synopsis of argument on appeal as follows:

In each case,—

The synopsis—

The Registrar must reject a synopsis if it is longer than 25 pages and is presented for filing without the prior leave of a Judge.

If a party has not included a point in its synopsis, the party may not argue the point at the hearing of the appeal without the leave of the Court.

A respondent who cross-appeals must comply with this rule as if the respondent were the appellant and the appellant were the respondent.

The appellant must—

If the respondent considers that the bundle of authorities filed under subclause (1) does not include authorities that the respondent considers essential to the respondent’s case, the respondent must—

If an official report (for example, NZLR, CLR, AC, or SCR) of a case is available, that report is to be used for the bundle of authorities.

The parties to an appeal must attempt to agree on a list of issues to be determined on the appeal.

If the parties reach agreement, the appellant must, not later than 5 working days before the date allocated for the hearing of the appeal, file and serve on the other party the agreed list of the issues.

If the parties cannot reach agreement, each party must, not later than 5 working days before the date allocated for the hearing of the appeal, file and serve on the other party a list of the issues as the filing party perceives them to be.

In each case under subclause (2) or (3) (whichever applies),—

This rule is subject to any contrary direction given by the Court in a particular case.

An appeal is to be treated as having been abandoned if the appellant does not apply for the allocation of a hearing date and file the case on appeal within 3 months after the appeal is brought.

Subclause (1) is subject to any suspension granted under subclause (1B) or extension of time granted under subclause (2) or rule 5A(1)(c).

The Registrar may, on an informal application made before the end of the 3-month period referred to in subclause (1), suspend the application of this rule for periods of up to 1 month at a time if—

The Court, on an interlocutory application, may—

The Court may extend a period or an extended period under subclause (2) only if the application for the extension is made—

If, in relation to an application for an extension, the 3-month period under subclause (3) includes any days that fall within the period starting on 25 December in one year and ending on 15 January in the following year, the 3-month period is extended by the number of those days.

However, if the 3-month period calculated under subclause (1) or the extended 3-month period calculated under subclause (3) ends on a non-working day, that period or extended period is extended until the next working day.

The fact that an appeal is treated as abandoned under subclause (1) does not affect—

An extension of time granted under this rule has the effect of reinstating the appeal as at the date that it was treated as abandoned under subclause (1).

The Registrar’s power to suspend time under subclause (1B) is additional to the Registrar’s power under rule 5A(1)(c).

This rule overrides rules 5(2) and 6.

A party may, at any time, abandon an appeal brought by the party by filing in the Registry a notice in form 5 of Schedule 1 and serving a copy of the notice on the respondent.

The notice must be signed by—

The abandonment of an appeal does not affect the power of the Court to make any order as to costs in respect of the appeal.

In addition to any express power in these rules to strike out an appeal, the Court may, on an interlocutory application or on its own initiative, make an order striking out or staying an appeal in whole or in part if—

The Court must—

The Court may make an order under this rule on the papers or after an oral hearing, as the Court thinks fit.

The Court may order a stay under this rule on any terms that the Court thinks appropriate.

This rule also applies to cross-appeals.

The Court may, on the interlocutory application of a party, grant leave for the admission of further evidence on questions of fact by—

The parties and their lawyers are entitled to be present at, and take part in, the examination of a witness.

If the application for leave to adduce further evidence is opposed, it must be referred to a Judge to determine whether the application is to be heard before or at the substantive hearing of the appeal.

The Court may require the court or tribunal of first instance or the court appealed from to provide the Court with any document, exhibit, or thing produced in or connected with the proceeding.

The Registrar must, if the Court so directs, request the Judge of the court of first instance or the presiding officer of the tribunal to provide the Court with any report in writing requested by the Court.

The Registrar must disclose the report—

To enable the Judge or presiding officer to prepare the report, the Registrar must provide the Judge or presiding officer with any document concerning the proceeding and in the Registrar’s possession if—

All appeals are to be by way of rehearing.

Any party may, at the hearing of an appeal, provide the Court with an outline of the oral argument to be advanced at the hearing.

The outline must comply with rule 9.

However, the outline must not be longer than 2 pages.

The outline must be cross-referenced, as appropriate, to the synopsis of the argument, the judgment appealed from, and the record.

A copy of the outline must be served on the other party not later than 5 pm on the last day before the hearing.

The Court may—

The Court has all the powers and duties of the court of first instance concerning procedure, including the amendment of pleadings.

The Court may draw inferences of fact.

The Court may give any judgment and make any order which ought to have been given or made, and make any further or other orders that the case may require.

The powers of the Court may be exercised—

Nothing in this rule limits any other powers of the Court.

The Court may—

A judgment that is delivered orally is given when a Judge or Judges deliver it in open Court.

A judgment that is reserved may be delivered—

If subclause (3)(a) applies,—

If subclause (3)(b) applies,—

The Registrar must, if requested to do so by a party,—

If a party who has given an address for service does not make a request under subclause (6), the Registrar must immediately after the delivery time, or in the case of a judgment delivered orally as soon as practicable after the judgment is transcribed, post a copy of the judgment to that party.

A failure by the Registrar to comply with subclause (4)(b), (5)(b), (6), or (7) does not affect the validity of the judgment or its delivery time.

A copy of the judgment signed by at least 1 Judge who was a member of the Court that heard the appeal must be retained by the Registry.

This rule applies to judgments on appeals and applications for leave to appeal. The rule does not apply to minutes, interlocutory orders, or directions.

The Registrar must, promptly after the result of an appeal is known, notify that result to the Registrar of the court appealed from and to the Registrar of any other court or tribunal that determined a matter in the proceeding.

Every judgment must be drawn up in a form approved by the Registrar, who must seal it with the seal of the Court.

Form 6 of Schedule 1 must be used.

Wherever practicable, the party seeking to seal a judgment must first consult the opposite party or parties as to the form of the judgment and any order as to costs.

A judgment may be sealed—

Despite subclause (3)(b), a judgment may not be sealed, except with the leave of the Court, if there is an existing application for the recall or reopening of the judgment that has not been determined.

A sealed judgment must state—

A judgment takes effect when it is given.

Unless a Judge otherwise directs, no step may be taken on a judgment before it has been sealed.

A party may apply for leave to appeal to the Supreme Court even though the judgment sought to be appealed against has not been sealed, as long as the party takes steps to ensure that the judgment is sealed promptly after the application for leave is filed.

In this rule,—

If an appellant has, in accordance with a judgment of a court appealed from, paid a judgment debt and any interest payable on that debt, and the appellant successfully appeals from that judgment, the Court may make the orders described in subclause (2).

The Court may, in its discretion, make any orders that seem just concerning—

After the Court delivers its judgment on an appeal, the Registrar must ask the parties to the appeal to advise the Registrar on how the amount held as security for costs (if any) should be disposed of.

The Registrar, after considering the parties’ advice and if satisfied that there is no reason for the amount to be disposed of in any other way, may direct that the money be disposed of by—

If the Registrar is not satisfied as required under subclause (2), the Registrar must direct how the amount is otherwise to be disposed of.

The Court may, in its discretion, make any orders that seem just concerning the whole or any part of the costs and disbursements of—

Subject to the overriding discretion conferred on the Court by rule 53, in making awards of costs the Court should normally be guided by the following general principles:

The principles applying to costs on applications for leave to appeal in rule 53G and the principles applying to costs on interlocutory applications in rule 53GA override the principles in this rule to the extent that the principles in those provisions are inconsistent with or modify the principles in this rule.

For the purposes of rule 53A(b), appeals may be classified as falling within one of the following 2 categories:

The Court or a Judge may at any time determine in advance the applicable category in relation to an appeal.

For the purposes of rule 53A(c), the following are the appropriate daily recovery rates for the categories of appeal referred to in rule 53B:

If the rate for a category 2 or 3 proceeding in the High Court Rules 2016 is altered by amendment to the High Court Rules 2016, the new rate applies under these rules on and from the date the alteration comes into force.

The appropriate daily recovery rates are calculated, in accordance with the principle referred to in rule 53A(d), on the basis of being two-thirds of the actual daily rates referred to in that paragraph.

For the purposes of rule 53A(c), a reasonable time for a step in an appeal is—

A determination of what is a reasonable time for a step under subclause (1)(a) must be made by reference—

Despite rules 53A to 53D, the Court may make an order—

The Court may order a party to pay increased costs if—

The Court may order a party to pay indemnity costs if—

If the Court makes an order that a party pay indemnity costs, it may order that the costs be subject to taxation (a taxation order).

If the Court makes a taxation order, the taxation must be carried out by the Registrar.

Rules 14.18 to 14.23 of the High Court Rules 2016 apply to any such taxation, with all necessary modifications.

Despite rules 53A to 53D, the Court may refuse to make an order for costs or may reduce the costs otherwise payable under those rules if—

If the Court refuses to give leave to appeal, the applicant will normally be liable for costs in accordance with the principle stated in rule 53A(a).

If the need for an application for leave to appeal arises from a default on the applicant’s part, the respondent will normally be entitled to costs with respect to the application at the time it is determined, unless the respondent’s opposition to it was in the circumstances unreasonable, in which case there will normally be no order as to costs.

If the need for an application for leave to appeal does not arise from a default on the applicant’s part and the Court gives leave to appeal, the Court will normally reserve costs pending the outcome of the appeal.

If the Court gives leave to appeal but the appeal is subsequently dismissed, the respondent will normally be entitled to costs with respect to the application for leave to appeal (if reserved).

The following provisions apply where an appeal is allowed following a determination by the Court to give leave and to reserve costs with respect to the application for leave to appeal (the application):

The costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the application for leave to appeal.

For the purposes of subclause (5A), a reasonable time for a step in an interlocutory application is—

In this rule, an application for leave to appeal includes an application for an extension of time under rule 29A.

The principles applying to costs on an interlocutory application are the same as the principles applying to costs on an application for leave to appeal, and rule 53G applies, with all necessary modifications, to an interlocutory application under Part 2A as if it were an application for leave to appeal.

The costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the interlocutory application.

For the purposes of subclause (2), a reasonable time for a step in an interlocutory application is—

The Court may direct the Registrar to exercise the Court’s powers to order a party (party A) to pay another party (party B) disbursements.

If the Court orders party A to pay party B usual disbursements, the order—

The liability of each of 2 or more parties ordered to pay costs is joint and several, unless the Court otherwise directs.

Nothing in rules 53 to 53I affects the Court’s powers with respect to quashing or varying any orders for costs made in the court appealed from.

The Court of Appeal (Civil) Rules 1997 are revoked.

These rules apply to—

Despite subclause (1)(a), these rules do not apply to an existing proceeding if the Registrar or a Judge, on an application made in accordance with subclause (4), considers that the application of these rules to the proceeding, or to any particular matter or step in the proceeding, would lead to an unjust result.

If these rules do not apply to an existing proceeding, the Court of Appeal (Civil) Rules 1997 (as in force immediately before the commencement of these rules) apply—

An application under subclause (2) may be made on an informal basis.

In this rule, existing proceeding means a proceeding brought before the date of commencement of these rules.