Part 2Legal aid
Award of costs in civil proceedings
46Costs of successful opponent of aided person
This section applies if an order is made under section 45 that specifies that an aided person would have incurred a liability, or a greater liability, for costs if that section had not affected his or her liability.
If this section applies, the party to the proceedings who is prejudiced by the operation of section 45 (in this section, the applicant) may apply to the Commissioner in the prescribed manner for payment by the Commissioner of some or all of the difference between the costs (if any) actually awarded to that party against the aided person and those to which that party would have been entitled if section 45 had not affected the aided person's liability.
In considering any such application, the Commissioner must have regard to the following matters:
- the conduct of the parties to the proceedings:
- the court's findings under section 45(2):
- the hardship that would be caused to the applicant if the costs were not paid by the Commissioner.
For the purposes of subsection (3)(c), the Commissioner may require any person to furnish information on the financial circumstances and needs of the applicant.
If, having regard to the matters specified in subsection (3) and to any information received under subsection (4), and to all relevant circumstances, the Commissioner considers that any payment should be made by the Commissioner to the applicant, the Commissioner may determine accordingly and must make the payment.
The Commissioner may recover any payment made under this section from the aided person as a debt due to the Commissioner, unless the payment relates to an order made under section 45(5).
The Commissioner may make a payment under this section to a lawyer who is not a provider under this Act.
Compare
- 2000 No 42 s 41