Section 24 of the Supreme Court Act 1986 (Vic) provided that, unless otherwise expressly provided by that Act or the Supreme Court (General Civil Procedure) Rules 2025 (Vic) (Rules), costs were to be in the discretion of the Court. Rule 63.02 provided that the power and discretion of the Court as to costs under s 24 of the Act shall be exercised subject to and in accordance with ord 63 of the Rules. Rule 63.13 provided that ‘[s]ubject to [the] Rules’ a party to a proceeding shall not be entitled to recover any costs of the proceeding from any other party except by order of the Court. Rule 63.26 provided that, unless the Court otherwise ordered, a party who sues or is sued as a trustee or mortgagee shall be entitled to the costs of the proceeding out of the fund held by the trustee or out of the mortgaged property in so far as the costs were not paid by any other person.