New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.31

42.31 Recovery of assessed costs in Supreme Court

(cf SCR Part 52A, rule 46)

(1) A person is not entitled to his or her costs of proceedings in the Supreme Court (including costs of execution) to recover payment of costs included in a cost assessor's certificate unless--

(a) at the time of filing the certificate the amount of unpaid costs included in the certificate exceeds $150,000, or

(b) it appearing to the Court that the person had sufficient reason for filing the certificate in the Court, the Court orders otherwise.

(2) A party may apply for an order under subrule (1) without serving notice of motion.

(3) If the applicant for an order under subrule (1) adds to the motion a request that the application be granted in accordance with this subrule, the Supreme Court may make the order in the absence of the public and without any attendance by or on behalf of the applicant.

(4) A person is not entitled to his or her costs of filing a cost assessor's certificate in the Supreme Court.

(5) In this rule, a reference to a
"certificate" includes a number of certificates filed together under rule 36.10(1) and (2).

Note--: See also rule 36.10 in relation to the filing of cost assessors' certificates.