Northern Territory Consolidated Regulations

SUPREME COURT RULES 1987 - REG 63.11

    (1)     Where an application is made to set aside a pleading on the ground of irregularity and that application is dismissed, the party who made the application shall pay the costs of every other party to the application.

    (2)     Where a plaintiff, by notice in writing in accordance with these Rules, accepts money paid into court in satisfaction of his claim or accepts money paid in satisfaction of one or more of his claims and gives notice that he abandons the others, he is entitled to his costs of the action incurred up to the time of giving notice of acceptance and the costs of obtaining payment out of court of the money.

    (3)     Where, in a proceeding for defamation against several defendants sued jointly, a plaintiff, by notice in writing, accepts money paid into court by one of the defendants, the plaintiff is entitled to his costs of the proceeding against that defendant incurred up to the time of giving notice of acceptance and the costs of obtaining payment out of court of the money.

    (4)     A defendant who has counterclaimed is entitled to the costs of the counterclaim if:

        (a)     he pays money into Court and his notice of payment in states that he has taken into account and satisfied the claims in respect of which he counterclaims; and

        (b)     the plaintiff accepts the money paid in,

but the costs of that counterclaim are limited to those incurred up to the time when the defendant received notice of acceptance by the plaintiff of the money paid into court.

    (5)     Where a party applies for an extension or abridgement of a time fixed by these Rules or by an order fixing, extending or abridging time, he shall pay the costs of and occasioned by the application.

    (6)     A party who discontinues a proceeding or with-draws part of a proceeding, counterclaim or claim by third party notice shall pay the costs of the party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.

    (7)     A party who amends:

        (a)     a pleading without leave of the Court; or

        (b)     a pleading or other document by leave,

shall pay the costs of and occasioned by the amendment and the costs thrown away because of the amendment.

    (8)     The costs of and occasioned by an adjournment made necessary by the default of a party shall be borne by that party.

    (9)     This rule is subject to such other order as the Court makes.