Section 96 — District Court Act 2016: Costs in cases transferred

96 Costs in cases transferred (1) This section applies to a proceeding or counterclaim or set-off and counterclaim (a transferred proceeding ) that is transferred— (a) from the District Court to the High Court; or (b) from the High Court to the District Court. (2) Any order for costs in a transferred proceeding must be made by the court to which the proceeding is transferred. (3) Subsection (2) is subject to an order of the court that made the order to transfer the proceeding. (4) An order for costs in relation to part of a proceeding transferred to the District Court that takes place in the High Court— (a) must be made in accordance with the High Court Rules 2016 ; and (b) subject to any order by a High Court Judge, may be made by a District Court Judge. (5) Subsection (6) applies to— (a) a summary judgment application or a matter arising on a summary judgment application that has, after having been transferred to the High Court under section 92 , been referred back to the District Court: (b) a proceeding continued in the District Court after a question of law in the proceeding has, under section 93 , been determined in the High Court. (6) An order for costs in the proceeding or matter in relation to the proceeding in the District Court both before and after transfer to the High Court must be made by a District Court Judge. (7) Despite subsection (6), an order for costs incurred in the High Court may be made only by a High Court Judge in accordance with the High Court Rules 2016 , but may be included in a judgment or an order made by the District Court. Compare: 1947 No 16 s 48