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PART 11
Legal Costs in Civil Proceedings
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Power to award legal costs
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168. (1) Subject to the provisions of this Part, a court may, on application by a party to civil proceedings, at any stage in, and from time to time during, those proceedings—
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(a) order that a party to the proceedings pay the costs of or incidental to the proceedings of one or more other parties to the proceedings, or
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(b) where proceedings before the court concern the estate of a deceased individual, or the property of a trust, order that the costs of or incidental to the proceedings of one or more parties to the proceedings be paid out of the property of the estate or trust.
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(2) Without prejudice to subsection (1), the order may include an order that a party shall pay—
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(a) a portion of another party’s costs,
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(b) costs from or until a specified date, including a date before the proceedings were commenced,
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(c) costs relating to one or more particular steps in the proceedings,
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(d) where a party is partially successful in the proceedings, costs relating to the successful element or elements of the proceedings, and
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(e) interest on costs from or until a specified date, including a date before the judgment.
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(3) Nothing in this Part shall be construed as—
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(a) restricting any right of action for the tort of maintenance, or
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(b) restricting any right of a trustee, mortgagee or other person, existing on the day on which this section commences, to be paid costs out of a particular estate or fund to which he or she would be entitled under any rule of law or equity.
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