Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 63.31

Costs payable to solicitor where money claimed by or on behalf of person under disability

    (1)     This rule applies to a proceeding (including a proceeding in the Court of Appeal) in which:

        (a)     money is claimed or recovered by or on behalf of, or adjudged, ordered, or agreed to be paid to or for the benefit of, a person under a disability; or

        (b)     money paid into court is accepted on behalf of a person under a disability.

    (2)     The costs of a proceeding to which this rule applies which are payable by a plaintiff to his solicitor shall, unless the Court otherwise orders, be taxed on the indemnity basis.

    (3)     On a taxation under subrule (2), the Taxing Master shall also tax the costs payable to that plaintiff in those proceedings and shall certify:

        (a)     the amount allowed on the taxation of the solicitor's bill to his own client;

        (b)     the amount allowed on the taxation of costs payable to that plaintiff in that proceeding;

        (c)     the amount (if any) by which the amount referred to in paragraph (a) exceeds the amount referred to in paragraph (b); and

        (d)     where necessary, the proportion of the amount of that excess payable by, or out of money belonging to, respectively, any claimant who is a person under a disability and any other party.

    (4)     Subrules (2) and (3) apply to and in relation to a proceeding in the Court of Appeal as if for a reference to the plaintiff there were substituted a reference to the party, whether appellant or respondent, who was the plaintiff in the proceeding which gave rise to the appeal proceeding.

    (5)     Nothing in this rule prejudices a solicitor's lien for costs.

    (6)     This rule also applies to and in relation to a counterclaim by or on behalf of a person under a disability as if for a reference to a plaintiff there were substituted a reference to a defendant.



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