New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 16

16 Costs and expenses etc relating to proceedings to which assisted person is a party

(1) If a person is granted assistance under section 13, the court shall, in making an order for costs--

(a) in favour of the assisted person--make the same order (except against another assisted person) as the court would have made in favour of the assisted person if the person had not been an assisted person, or

(b) against the assisted person--make the same order (except in favour of another assisted person) as the court would have made against the assisted person if the person had not been an assisted person.

(2) If an order for costs is made in accordance with subsection (1) (a)--

(a) the costs are payable to the Secretary instead of the person in whose favour the order is made,

(b) the costs may be recovered by the Secretary as a debt due to the Crown, and

(c) the costs, upon being paid to or recovered by the Secretary, shall be paid into the Consolidated Fund.

(3) If an order for costs is made in accordance with subsection (1) (b), the costs shall be paid by the Secretary.

(4) Except in the case of costs payable to the Secretary, money awarded by a court in favour of an assisted person is payable to the person without deduction.