When deciding whether to set aside a default costs assessment under r 709 of the UCPR, the merits of the proposed objections to the costs statement are highly relevant to the exercise of the discretion. Authorities on care and conduct percentages assessed on the standard basis are not directly applicable to assessment on the indemnity basis. Lee v Abedian is inapt as a comparator for reasonableness of solicitor charges on the indemnity basis where that case concerned standard basis costs involving counsel.
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