What does my cost order mean in New South Wales?

In civil litigation, cost orders can be awarded at various stages of a proceeding. The wording of an order for costs is important and determines what costs are payable and by whom.

Some common orders and their meanings are:

• Costs reserved

• The costs of the hearing (or of an application during the proceedings) will be determined on a later occasion. If no specific order is subsequently made in relation to those reserved costs, they will be payable in the same way as the general costs of the proceedings (See UCPR r 42.7(1)).

• Costs in the cause

• The costs of an application will be payable by the party who is ordered to pay the costs at the final hearing.

• Costs to follow the event