High Court Rules 2016

14.2 Principles applying to determination of costs

(1)

The following general principles apply to the determination of costs:

(a)

the party who fails with respect to a proceeding or an interlocutory application should pay costs to the party who succeeds:

(b)

an award of costs should reflect the complexity and significance of the proceeding:

(c)

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 proceeding or interlocutory application:

(d)

an appropriate daily recovery rate should normally be two-thirds of the daily rate considered reasonable in relation to the proceeding or interlocutory application:

(e)

what is an appropriate daily recovery rate and what is a reasonable time should not depend on the skill or experience of the solicitor or counsel involved or on the time actually spent by the solicitor or counsel involved or on the costs actually incurred by the party claiming costs:

(f)

an award of costs should not exceed the costs incurred by the party claiming costs:

(g)

so far as possible the determination of costs should be predictable and expeditious.

(2)

Despite subclause (1)(f), costs for legal professional services provided in relation to a proceeding may be awarded to a party under this Part even though the services are provided under a conditional fee agreement.

(3)

In subclause (2), conditional fee agreement means an agreement under which a party to a proceeding and a person who provides legal professional services agree that the party to the proceeding is liable for payment of some or all of the person’s fees and expenses depending on the outcome of the proceeding.

Compare: 1908 No 89 Schedule 2 r 47

Rule 14.2(2): inserted, on 1 September 2017, by rule 20 of the High Court Rules 2016 Amendment Rules (No 2) 2017 (LI 2017/191).

Rule 14.2(3): inserted, on 1 September 2017, by rule 20 of the High Court Rules 2016 Amendment Rules (No 2) 2017 (LI 2017/191).