New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.8

42.8 Dispute of fact subsequently proved or admitted

(1) In this rule--

"disputing party" means the party who serves a notice disputing a fact under rule 17.3(2).

"fact in dispute" means the fact that is the subject of a notice served under rule 17.3(2).

"requesting party" means the party who is served with a notice disputing a fact under rule 17.3(2).

(2) Unless the court orders otherwise, the disputing party must, after the conclusion of proceedings in which a fact in dispute is subsequently proved or is subsequently admitted by the disputing party, pay the requesting party's costs, assessed on an indemnity basis, being costs incurred by the requesting party--

(a) in proving the fact, or

(b) if the fact has not been proved--in preparation for the purpose of proving the fact.

(3) An entitlement to costs under this rule is not affected by any order as to costs unless that order makes particular reference in that regard.