Appeal against decision of costs assessor as to matter of law
362 Appeal against decision of costs assessor as to matter of law
A party to an application for a costs assessment who is dissatisfied with a decision of a costs assessor as to a matter of law arising in the proceedings to determine the application may, in accordance with the rules of the Supreme Court, appeal to the Court against the decision.
After deciding the question the subject of the appeal, the Court may, unless it affirms the costs assessor's decision:
make the determination in relation to the application as, in its opinion, should have been made by the assessor; or
remit its decision on the question to the assessor and order the assessor to re-determine the application.
On a re-determination of an application, fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given.
This Act’s bill:Explanatory statementSecond reading speech
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