- (1)
- A Registrar must not allow costs that, in the opinion of the Registrar:
- (a)
- are not reasonably necessary for the attainment of justice; and
- (b)
- are not proportionate to the issues in the case.
Note
A lawyer may charge an amount for costs unreasonably incurred if the
client gives the lawyer written instructions to do work for a case, or incur
an expense of a particular kind or amount, that the lawyer has advised the
client would be unreasonable and unlikely to be recovered on a party and party
basis (see subrule 19.12 (3)).
- (2)
- An itemised costs account for work that
is the subject of a costs agreement must be assessed in accordance with the
costs agreement.
- (3)
- If the court has ordered costs on an indemnity basis, the Registrar must
allow all costs reasonably incurred and of a reasonable amount, having regard
to, among other things:
- (a)
- the scale of costs in Schedule 3;
- (b)
- any costs agreement between the party to whom costs are payable and the
party's lawyer; and
- (c)
- charges ordinarily payable by a client to a lawyer for the work.
- (4)
- When assessing costs as between party and party, a Registrar must not
allow:
- (a)
- costs incurred because of improper, unnecessary or unreasonable
conduct by a party or a party's lawyer;
- (b)
- costs for work (in type or amount) that was not reasonably required to be
done for the case; or
- (c)
- unusual expenses.