New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 46

46 Costs of rehearing

(cf Act No 43 1983, section 18C)

(1) A court that hears and determines proceedings on a full rehearing--

(a) may make an order for costs in respect of the rehearing, and

(b) may, in addition, make an order for costs in respect of the hearing under Division 2.

(2) A court that hears and determines any aspect of proceedings on a limited rehearing--

(a) may make an order for costs in respect of the rehearing as to that aspect, and

(b) may, in addition, make an order for costs in respect of the hearing as to that aspect under Division 2.

(3) This section applies to proceedings in respect of which a rehearing is discontinued under section 45 in the same way as it applies to proceedings that are heard and determined on a rehearing.