SUPREME COURT RULES 1987 - REG 63.02 Application

Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 63.02

Application

(1) This Order applies to costs payable or to be taxed under these Rules or an order of the Court and to costs to be taxed by the Taxing Master under any Act.

(2) When used in an order for costs, but subject to rule 63.03, the following words have the following effect indicated opposite to them:

Costs

Where this order is made in an application in a proceeding, the party in whose favour it is made:

(a) is entitled to his costs in respect of that application whatever the outcome of the proceeding; and

(b) is entitled to have his costs taxed.

Costs here and below

The party in whose favour this order is made is entitled not only to his costs in respect of the proceeding in which it is made, but also to his costs of the same proceeding in a lower court or tribunal.

Costs in any event

This order has the same effect as an order for costs made in an application in a proceeding.

Costs in the proceeding

The party who is successful in the proceeding is entitled to the party's costs of the application, or part of the proceeding, in respect of which this order is made.

Costs reserved

Subject to Rule 63.20, the party in whose favour an order for costs is made at the conclusion of a proceeding is entitled to the costs of any application in that proceeding in respect of which the order is made.

Costs of the day

Includes all costs thrown away, including an allowance for work actually done by counsel on the day but not the fee payable to counsel on brief.

Costs thrown away

Where an application or a proceeding, or part of it, has been ineffective or has been subsequently set aside, the party in whose favour this order is made is entitled to his costs of that proceeding or part (as the case may be) in respect of which it is made.

No order as to costs

This order means that each party pays his own costs.

Plaintiff's costs in the proceeding or Defendant's costs in the proceeding

The plaintiff or defendant (as the case may be) is entitled to his costs of the application in a proceeding in respect of which such an order is made, if judgment is given in his favour in the proceeding, but he is not liable to pay the costs of a party in respect of that application if judgment is given in favour of another party in the proceeding.

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*Costs*	Where this order is made in an application in a proceeding, the party in whose favour it is made: (a) is entitled to his costs in respect of that application whatever the outcome of the proceeding; and (b) is entitled to have his costs taxed.
*Costs here and below*	The party in whose favour this order is made is entitled not only to his costs in respect of the proceeding in which it is made, but also to his costs of the same proceeding in a lower court or tribunal.
*Costs in any event*	This order has the same effect as an order for costs made in an application in a proceeding.
*Costs in the proceeding*	The party who is successful in the proceeding is entitled to the party's costs of the application, or part of the proceeding, in respect of which this order is made.
*Costs reserved*	Subject to Rule 63.20, the party in whose favour an order for costs is made at the conclusion of a proceeding is entitled to the costs of any application in that proceeding in respect of which the order is made.
*Costs of the day*	Includes all costs thrown away, including an allowance for work actually done by counsel on the day but not the fee payable to counsel on brief.
*Costs thrown away*	Where an application or a proceeding, or part of it, has been ineffective or has been subsequently set aside, the party in whose favour this order is made is entitled to his costs of that proceeding or part (as the case may be) in respect of which it is made.
*No order as to costs*	This order means that each party pays his own costs.
*Plaintiff's costs in the proceeding* or *Defendant's costs in the proceeding*	The plaintiff or defendant (as the case may be) is entitled to his costs of the application in a proceeding in respect of which such an order is made, if judgment is given in his favour in the proceeding, but he is not liable to pay the costs of a party in respect of that application if judgment is given in favour of another party in the proceeding.