“Act means, except in Parts 6A to 6D, the District Courts Act 1947”.

“45 Costs at discretion of Court

• “(1) All matters relating to the costs of and incidental to a proceeding or a step in a proceeding are at the discretion of the Court.

  “(2) Rules 46 to 47G apply subject to subclause (1).

  “(3) This rule is subject to the provisions of any Act.

  “Compare: High Court Rules r 46

“46 Principles applying to determination of costs

• 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 actual solicitor or counsel involved or on the time actually spent by the actual 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.

  “Compare: High Court Rules r 47

“47 Categorisation of proceedings

• “(1) For the purposes of rule 46(b), proceedings must be classified as falling within 1 of the following categories:

  Category 1 proceedings	Proceedings of a straightforward nature able to be conducted by counsel considered junior.
  Category 2 proceedings	Proceedings of average complexity requiring counsel of skill and experience considered average.
  Category 3 proceedings	Proceedings that because of their complexity or significance require counsel to have special skill and experience.

  “(2) The Court may at any time determine in advance an applicable category in relation to a proceeding. If it does, the category applies to all subsequent determinations of costs in the proceeding unless there are special reasons to the contrary.

  “(3) Each step specified in item 10 of Schedule 2A must be treated as having been taken in a category 2 proceeding.

  “(4) Unless the Court otherwise directs, subclause (3) applies to a proceeding even if the Court has, under subclause (2), determined the category of the proceeding.

  “Compare: High Court Rules r 48

“47A Appropriate daily recovery rates

• For the purposes of rule 46(c), the rates specified in Schedule 2 are the appropriate daily recovery rates for the categories of proceedings referred to in rule 47 and must be applied to those categories of proceedings. Those appropriate daily recovery rates are calculated, in accordance with the principle referred to in rule 46(d), on the basis of being two-thirds of the actual daily rates referred to in that paragraph.

  “Compare: High Court Rules r 48A

“47B Determination of reasonable time

• “(1) For the purposes of rule 46(c), a reasonable time for a step in a proceeding is—

  • “(a) the time specified for that step in Schedule 2A; or

  • “(b) if Schedule 2A does not apply, a time determined by analogy with that schedule; or

  • “(c) if no analogy can usefully be made, the time assessed as likely to be required for the particular step.

  “(2) In determining what is a reasonable time for a step in a proceeding under subclause (1),—

  • “(a) if a comparatively small amount of time for the particular step is considered reasonable, the determination must be made by reference to band A; or

  • “(b) if a normal amount of time for the particular step is considered reasonable, the determination must be made by reference to band B; or

  • “(c) if a comparatively large amount of time is considered reasonable, the determination must be made by reference to band C.

  “Compare: High Court Rules r 48B

“47C Increased costs and indemnity costs

• “(1) Despite rules 46 to 47B, the Court may make an order—

  • “(a) increasing costs otherwise payable under those rules (increased costs); or

  • “(b) that the costs payable are the actual costs, disbursements, and witness expenses reasonably incurred by a party (indemnity costs).

  “(2) The Court may make the order at any stage of a proceeding in relation to any step in the proceeding.

  “(3) The Court may order a party to pay increased costs if—

  • “(a) the nature of the proceeding or the step in the proceeding is such that the time required by the party claiming costs would substantially exceed the time allocated under band C; or

  • “(b) the party opposing costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—

    • “(i) failing to comply with these rules or a direction of the Court; or

    • “(ii) taking or pursuing an unnecessary step or an argument that lacks merit; or

    • “(iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or

    • “(iv) failing, without reasonable justification, to comply with a notice for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or

    • “(v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 47G or some other offer to settle or dispose of the proceeding; or

  • “(c) the proceeding is of general importance to persons other than just the parties and it was reasonably necessary for the party claiming costs to bring the proceeding or participate in the proceeding in the interests of those affected; or

  • “(d) some other reason exists which justifies the Court making an order for increased costs despite the principle that the determination of costs should be predictable and expeditious.

  “(4) The Court may order a party to pay indemnity costs if—

  • “(a) the party has acted vexatiously, frivolously, improperly, or unnecessarily in commencing, continuing, or defending a proceeding or a step in a proceeding; or

  • “(b) the party has ignored or disobeyed an order or direction of the Court or breached an undertaking given to the Court or another party to the proceeding; or

  • “(c) costs are payable from a fund, the party claiming costs is a necessary party to the proceeding affecting the fund, and the party claiming costs has acted reasonably in the proceeding; or

  • “(d) the person in whose favour the order of costs is made was not a party to the proceeding and has acted reasonably in relation to the proceeding; or

  • “(e) the party claiming costs is entitled to indemnity costs under a contract or deed; or

  • “(f) some other reason exists which justifies the Court making an order for indemnity costs despite the principle that the determination of costs should be predictable and expeditious.

  “Compare: High Court Rules High Court Rules r 48C

“47D Refusal of, or reduction in, costs

• Despite rules 46 to 47B the Court may refuse to make an order for costs or may reduce the costs otherwise payable under those rules if—

  • “(a) the nature of the proceeding or the step in a proceeding is such that the time required by the party claiming costs would be substantially less than the time allocated under band A; or

  • “(b) the property or interests at stake in the proceeding were of exceptionally low value; or

  • “(c) the issues at stake were of little significance; or

  • “(d) although the party claiming costs has succeeded overall, that party has failed in relation to a cause of action or issue that significantly increased the costs of the party opposing costs; or

  • “(e) the party claiming costs has contributed unnecessarily to the time or expense of the proceeding or step in the proceeding by—

    • “(i) failing to comply with these rules or a direction of the Court; or

    • “(ii) taking or pursuing an unnecessary step or an argument that lacks merit; or

    • “(iii) failing, without reasonable justification, to admit facts, evidence, or documents or accept a legal argument; or

    • “(iv) failing, without reasonable justification, to comply with a notice for discovery, notice for further particulars, notice for interrogatories, or other similar requirement under these rules; or

    • “(v) failing, without reasonable justification, to accept an offer of settlement whether in the form of an offer under rule 47G or some other offer to settle or dispose of the proceeding; or

  • “(f) some other reason exists that justifies the Court refusing costs or reducing costs despite the principle that the determination of costs should be predictable and expeditious.

  “Compare: High Court Rules r 48D

“47E Costs in interlocutory applications

• “(1) Unless there are special reasons to the contrary, costs on an opposed interlocutory application—

  • “(a) must be fixed in accordance with these rules when the application is determined; and

  • “(b) become payable when they are fixed.

  “(2) Despite subclause (1), the Court may reverse, discharge, or vary an order for costs on an interlocutory application if satisfied subsequently that the original order should not have been made.

  “(3) This rule does not apply to an application for summary judgment.

  “Compare: High Court Rules r 48E

“47F Costs may be determined by different Judge

• Costs may be determined by a Judge other than the Judge who heard the matter to which the costs relate, if the Judge who heard the matter to which the costs relate is not available conveniently to make the determination.

  “Compare: High Court Rules r 48F

“47G Written offers without prejudice except as to costs

• “(1) A party to a proceeding may at any time make to any other party to the proceeding a written offer that—

  • “(a) is expressly stated to be without prejudice except as to costs; and

  • “(b) relates to an issue in the proceeding.

  “(2) The fact that the offer has been made must not be communicated to the Court until the question of costs is to be decided.

  “Compare: High Court Rules r 48G

“47H Effect on costs

• “(1) The effect (if any) that the making of an offer under rule 47G has on the question of costs is at the discretion of the Court.

  “(2) Subclauses (4) and (5)—

  • “(a) apply subject to subclause (1); and

  • “(b) do not limit rule 47C or rule 47D.

  “(3) Subclauses (4) and (5) apply to an offer made under rule 47G by a party to a proceeding (party A) to another party to the proceeding (party B).

  “(4) If party A—

  • “(a) offers a sum of money to party B that exceeds the amount of a judgment obtained by party B against party A; or

  • “(b) makes an offer that would have been more beneficial to party B than the judgment obtained by party B against party A,—

  “the principle to be applied in determining costs is that party A is entitled to costs on the steps taken in the proceeding after the offer is made.

  “(5) If an offer made by party A does not fall within paragraph (a) or paragraph (b) of subclause (4), but is close to the value or benefit of the judgment obtained by party B, the principle to be applied in determining costs is that the offer may be taken into account.

  “Compare: High Court Rules r 48GA

“47I Disbursements

• “(1) In this rule, disbursement, in relation to a proceeding,—

  • “(a) means an expense paid or incurred for the purposes of the proceeding that would ordinarily be charged for separately from professional services in a solicitor's bill of costs; and

  • “(b) includes—

    • “(i) fees of Court for the proceeding:

    • “(ii) expenses for serving documents for the purposes of the proceeding:

    • “(iii) expenses for photocopying documents required by these rules or by a direction of the Court:

    • “(iv) expenses of conducting a conference by telephone or video link; but

  • “(c) does not include counsel's fee.

  “(2) A disbursement may be included in the costs awarded for a proceeding to the extent that the disbursement is—

  • “(a) of a class that is either—

    • “(i) approved by the Court for the purposes of the proceeding; or

    • “(ii) specified in subclause (1)(b); and

  • “(b) specific to the conduct of the proceeding; and

  • “(c) necessary for the conduct of the proceeding; and

  • “(d) reasonable in amount.

  “(3) A Judge may direct a Registrar to exercise the powers of the Court under this rule.

  “Compare: High Court Rules r 48H”.

• “(via) sections 9 and 10 of the Criminal Records (Clean Slate) Act 2004:”.

“Part 6C
“Proceedings under Construction Contracts Act 2002

“General

“461ZZB Interpretation

• “(1) In this Part, unless the context otherwise requires,—

  “Act means the Construction Contracts Act 2002

  “application for an adjudicator's determination to be enforced—

  • “(a) means an application for an adjudicator's determination to be enforced by entry as a judgment in accordance with subpart 2 of Part 4 of the Act; and

  • “(b) if the adjudicator has recorded in the adjudicator's determination his or her approval for the issue of a charging order in respect of a construction site, includes an application, under section 76(2)(a) of the Act, for the issue of that charging order

  “application for review means an application made by an owner who is not a respondent under section 52 of the Act for a review of—

  • “(a) an adjudicator's determination that the owner is jointly and severally liable with the respondent to make a payment to the claimant; and

  • “(b) an adjudicator's approval for the issue of a charging order in respect of the construction site

  “party to the relevant adjudication proceedings—

  • “(a) means the claimant or the respondent in those proceedings; and

  • “(b) if the context requires, includes the owner of the construction site who was not a respondent in, but was a party to, those proceedings

  “Regulations means the Construction Contracts Regulations 2003

  “relevant adjudication proceedings means the adjudication proceedings that relate to, as the context requires,—

  • “(a) an application for review; or

  • “(b) an application for an adjudicator's determination to be enforced.

  “(2) Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in this Part has the same meaning as in the Act.

“461ZZC Application of Part

• This Part applies to—

  • “(a) an application for review; and

  • “(b) an application for an adjudicator's determination to be enforced.

“461ZZD Application of other rules and practice of Court

• The provisions of the other parts of these rules, the provisions of the District Courts Act 1947, and the general practice of the Court (including the procedure and practice in Chambers) apply if this Part applies except in so far as they are modified by, or inconsistent with, the Act or this Part.

“Review of adjudicator's determination in respect of owner who is not respondent

“461ZZE Form of application for review

• An application for review must be made by filing a notice in form 4 of Schedule 1 of the Regulations within the time set out in section 53(2) of the Act.

“461ZZF Where to file application for review

• An application for review must be filed in the Court nearest to the place at which the relevant adjudication proceedings were held.

“461ZZG Procedure after filing of application for review

• “(1) After an application for review is filed,—

  • “(a) the Registrar must—

    • “(i) enter the application in the records of the Court; and

    • “(ii) refer the application to a Judge without delay; and

    • “(iii) endorse on the copy of the application to be served by the applicant under paragraph (b) the date and time that has been fixed for the hearing:

  • “(b) the applicant must serve a copy of the application that is endorsed with the date and time fixed for the hearing, and of any accompanying documents, on—

    • “(i) the respondent; and

    • “(ii) any other party to the relevant adjudication proceedings.

  “(2) Unless the Court directs otherwise, it is not necessary to serve a copy of the application for review on the adjudicator whose determination is the subject of the application.

“461ZZH Notice of opposition to application for review

• “(1) If a party to the relevant adjudication proceedings intends to oppose the application for review, that party must, within 10 working days after being served with the application,—

  • “(a) file in the Court a notice of opposition; and

  • “(b) serve a copy of the notice and of any accompanying documents on—

    • “(i) the applicant; and

    • “(ii) any other party to the relevant adjudication proceedings.

  “(2) The notice must state—

  • “(a) the party's intention to oppose the application; and

  • “(b) the grounds of opposition.

  “(3) Unless the Court directs otherwise, it is not necessary to serve a copy of the notice on the adjudicator whose determination is the subject of the application.

“461ZZI Adjudicator must forward documents relating to adjudication proceedings on request

• An adjudicator whose determination is the subject of an application for review must, on the request of the Registrar, forward to the Court all documents in his or her custody relating to the determination within 5 working days after receiving the request.

“Enforcement of adjudicator's determination

“461ZZJ Application for adjudicator's determination to be enforced

• “(1) An application for an adjudicator's determination to be enforced—

  • “(a) must be in form 40N; and

  • “(b) must be accompanied by a copy of the adjudicator's determination that is sought to be enforced.

  “(2) The application must be filed in the Court nearest to the place at which the relevant adjudication proceedings were held.

“461ZZK Service

• Either before or immediately after the filing of an application for an adjudicator's determination to be enforced, the plaintiff must serve a copy of the application and of any accompanying documents on—

  • “(a) the defendant; and

  • “(b) any other party to the relevant adjudication proceedings.

“461ZZL Opposition to application for adjudicator's determination to be enforced

• “(1) If the defendant wishes to oppose the application for an adjudicator's determination to be enforced, the defendant must, within 15 working days after the date on which the defendant is served a copy of the application,—

  • “(a) file an application in the Court seeking an order that enforcement of the adjudicator's determination be refused; and

  • “(b) serve a copy of the application and of any accompanying documents on—

    • “(i) the plaintiff; and

    • “(ii) any other party to the relevant adjudication proceedings.

  “(2) The application must be in form 40O.

“Part 6D
“Proceedings in Admiralty

“461ZZM Application of Part

• This Part applies to every proceeding in any District Court in its admiralty jurisdiction.

  “Compare: SR 1976/195 r 3

“461ZZN Interpretation

• “(1) In this Part, unless the context otherwise requires,—

  “Act means the Admiralty Act 1973

  “Registrar means the Registrar of a District Court; and includes a Deputy Registrar.

  “(2) Unless the context otherwise requires, any word or expression used in this Part, but not defined in these rules, has the same meaning as it has in the Act.

  “Compare: SR 1976/195 r 2

“461ZZO Application of other rules and practice of Court

• The provisions of the other Parts of these rules, the provisions of the District Courts Act 1947, and the general practice of the Court (including the course of procedure and practice in chambers) apply where this Part applies except so far as they are modified by, or inconsistent with, the Act or this Part.

  “Compare: SR 1976/195 r 4(2); High Court Rules r 766

“461ZZP Preliminary acts to be filed in collision cases

• “(1) In an action arising out of a collision between ships, unless the Court otherwise orders on the application of any intended party to the proceedings,—

  • “(a) the plaintiff must file a preliminary act when he or she files the statement of claim and the notice of proceeding:

  • “(b) the defendant must file a preliminary act when he or she files the statement of defence.

  “(2) A preliminary act is a document containing a statement of the following particulars:

  • “(a) the names of the ships that came into collision and their ports of registry:

  • “(b) particulars (referring to the period immediately before the collision) of the person in command, the persons on the bridge, and the persons keeping a lookout on the plaintiff's ship (if the plaintiff is filing a preliminary act) and on the defendant's ship (if the defendant is filing a preliminary act):

  • “(c) the date and time of the collision:

  • “(d) the place of the collision:

  • “(e) the direction and force of the wind:

  • “(f) the state of the weather, including visibility:

  • “(g) the state, direction, and force of the tidal or other current:

  • “(h) the ship's course and speed through the water when the other ship was first seen or immediately before any measures were taken in connection with its presence, whichever was the earlier:

  • “(i) the lights (if any) carried by the ship:

  • “(j) the distance and bearing of the other ship if and when its echo was first observed by radar:

  • “(k) the distance, bearing, and approximate heading of the other ship when first seen:

  • “(l) the other ship's light or combination of lights (if any) when first seen:

  • “(m) the other lights or combination of lights (if any) of the other ship that were subsequently seen before the collision, and the time of the sighting:

  • “(n) the alterations (if any) made to the ship's course and speed after the earlier of the 2 times referred to in paragraph (h) up to the time of the collision, and the times of those alterations, and the measures (if any), other than alterations of course or speed, taken to avoid the collision, and the times of those measures:

  • “(o) the parts of each ship that first came into contact and the approximate angle between the 2 ships at the moment of contact:

  • “(p) the sound signals or other signals (if any) given, and the times of those sound signals or other signals:

  • “(q) the sound signals or other signals (if any) heard or seen from the other ship, and the times of hearing or seeing those sound signals or other signals.

  “(3) Every party filing a preliminary act must, within 3 days of filing, serve notice of the filing on every other party.

  “Compare: High Court Rules r 785(1), (2), (4)

“461ZZQ Registrar to seal and file preliminary acts

• “(1) The Registrar must seal every preliminary act and file it in a closed envelope (which must be sealed with the official stamp of the Court and show the date of filing), and, unless the Court otherwise orders, the envelope must not be opened until a date has been fixed for a hearing and a consent to the opening of the preliminary acts is filed.

  “(2) The consent must be signed by each of the parties who has filed a preliminary act.

  “Compare: High Court Rules r 785(3)

“461ZZR Failure to lodge preliminary act

• If, in any proceeding referred to in rule 461ZZP(1), a defendant fails within the prescribed period to lodge a preliminary act and the plaintiff has lodged a preliminary act, rules 462 to 474 apply as if the defendant's failure to lodge a preliminary act within that period were a failure to file and serve a statement of defence within the period fixed by or under these rules for doing those things.

  “Compare: High Court Rules r 786

“461ZZS Actions for limitation of liability

• “(1) If in any proceeding in the admiralty jurisdiction of the Court a party seeks relief under Part 7 of the Maritime Transport Act 1994, that relief must be sought in the High Court under rule 792 of the High Court Rules.

  “(2) The Court may—

  • “(a) proceed to a hearing on liability; or

  • “(b) stay the proceeding pending the outcome of proceedings in the High Court; or

  • “(c) order that the proceeding be transferred to the High Court.

  “(3) Any order for the transfer of proceedings to the High Court may be made subject to any conditions that the Court thinks fit requiring that the defendant give security for the costs of the proceeding in the High Court.

“461ZZT Inspection of ship or other property

• Without limiting its powers under the District Courts Act 1947 or these rules, the Court may, on the application of any party, make an order for the inspection by a Court expert, or by any party or witness, of any ship or other property, whether real or personal, if the inspection is necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the proceeding.

  “Compare: SR 1976/195 r 18; High Court Rules r 793”.