Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party to an appeal or an application for leave to appeal may apply for an order that another person pay costs.
(2) An application for costs may be made:
(a) at any stage during an appeal or an application for leave to appeal; or
(b) by filing an application in relation to an appeal within 28 days after the court makes an order disposing of the appeal or an application for leave to appeal.
Note: A party may apply for an order for costs within 28 days after:
(a) a notice of discontinuance is filed by the other party (see rule 13.42); or
(b) an appeal is taken to be abandoned (see rule 13.43); or
(c) an appeal is dismissed (see rule 13.45); or
(d) an application in relation to an appeal is dismissed (see rule 13.45).
(3) A party applying for an order for costs on an indemnity basis must inform the court if the party is bound by a costs agreement in relation to those costs and, if so, the terms of the costs agreement.
(4) In making an order for costs, the court may set a time for payment of the costs that may be before the appeal is finished.