Where a party is granted leave to amend a defence to raise a new issue that should have been pleaded at the outset, the appropriate costs condition is that the amending party pay the costs thrown away from the date the defence was filed without the issue until the point at which the issue was first ventilated. A matter is appropriate for separate determination under Pt 26 r 5AA of the District Court Rules 1973 where resolution of the issue would bring the proceedings to an end. Costs should not be assessed forthwith where the rules prevent taxation prior to conclusion of proceedings without leave.
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