UNIFORM CIVIL PROCEDURE RULES 1999 - REG 709 Setting aside default assessment

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 709

709 Setting aside default assessment

(1) If a costs assessor is appointed under rule 708 to assess costs, the court may, on the application of the party liable for the costs, by order, set aside or vary a decision of the costs assessor or any order made under rule 740 .

(2) The application must be supported by—

(a) an affidavit explaining—

(i) the party’s failure to file a notice of objection to the costs statement; and

(ii) any delay; and

(b) a notice of objection in accordance with rule 706 (2) to (5) , as an exhibit to the affidavit.

(3) Rule 722 applies to any reassessment of costs on an application made under this rule.