New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.9

42.9 Dispute of authenticity of document subsequently proved or admitted

(1) In this rule--

"disputing party" means a party who serves a notice disputing the authenticity of a document under rule 17.4(2) or 17.5(3).

"document in dispute" means a document that is the subject of a notice served under rule 17.4(2) or 17.5(3).

"requesting party" means a party who is served with a notice disputing the authenticity of a document under rule 17.4(2) or 17.5(3).

(2) Unless the court orders otherwise, the disputing party must, after the conclusion of proceedings in which the authenticity of a document in dispute is subsequently proved or is subsequently admitted by the disputing party, pay the requesting party's costs, assessed on an indemnity basis, being costs incurred by the requesting party--

(a) in proving the authenticity of the document, or

(b) if the authenticity of the document has not been proved--in preparation for the purpose of proving the authenticity of the document.

(3) An entitlement to costs under this rule is not affected by any order as to costs unless that order makes particular reference in that regard.