Appeal against determination of costs assessor by leave
363 Appeal against determination of costs assessor by leave
A party to an application for a costs assessment relating to a bill may, in accordance with the rules of the Supreme Court, seek leave of the Court to appeal to the Court against the determination of the application made by a costs assessor.
A party to an application for a costs assessment relating to costs payable as a result of an order made by a court or tribunal may, in accordance with the rules of the court or tribunal, seek leave of the court or tribunal to appeal to the court or tribunal against the determination of the application made by a costs assessor.
The Supreme Court or court or tribunal may, in accordance with its rules, grant leave to appeal and may hear and decide the appeal.
An appeal must be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given.
After deciding the questions the subject of the appeal, the
Supreme Court or court or tribunal may, unless it affirms the costs assessor's determination, make the determination in relation to the application as, in its opinion, should have been made by the assessor.
This Act’s bill:Explanatory statementSecond reading speech
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