The Court rejected the first defendant's attempt to introduce substantive amendments to the AmTrust Deed of Indemnity after losing on the form of security, holding that the defendant made a forensic choice not to propose alternative amendments during the hearing and could not have a 'second go' after delivery of reasons. The Court also rejected a proposed clause seeking to retrospectively amend earlier tranches of security not the subject of the application. On costs, the Court found special or exceptional circumstances justified departing from the usual rule, splitting costs by issue: the plaintiff to pay the defendant's costs on quantum and the defendant to pay the plaintiff's costs on the form of security.
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