The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 5 : Powers of Court, conferences, Court orders, variation, rescission and costs28. Costs |
| (1) | The Court may make an order for the payment of costs, according to the requirements of the law and fairness. |
| (2) | When deciding whether or not to order the payment of costs, the Court may take into account— |
| (a) | whether the matter referred to the Court ought to have been referred to mediation or arbitration, and, if so, the extra costs incurred in bringing the matter to the Court directly; and |
| (b) | the conduct of the parties— |
| (i) | in proceeding with or defending the matter before the Court; and |
| (ii) | during the proceedings before the Court. |
| (3) | The Court may order costs against a party to the dispute or against any person who represented that party in those proceedings before the Court. |