ABSTRACT
Rule 64.61 establishes the general Rule that if the court decides to make an order as to costs, it must order the unsuccessful party to pay the costs of the successful party. However, the court has a wide discretion to order otherwise, having regard to all the circumstances and, in particular, having regard to such matters as the conduct of the parties before and during the proceedings, any payment into court or offer to settle made by a party, and whether it was reasonable for a party to pursue a particular allegation or raise a particular issue.
