Costs

(1) If a recount does not alter the result of the vote so as to affect the return, the judge shall

(a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and

(b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

Disposal of deposit and right of action for balance

(2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.