Amending points of dispute

Rye v The Liquidator of Ashfield Nominees SCCO No 19 of 2005

When a detailed assessment came before the costs judge for a three-day hearing, leading counsel for the paying party sought leave to amend the points of dispute to raise a totally new point. The costs judge agreed on the basis that the defendant should pay the costs of the resultant adjournment. When the matter returned to the costs judge some months later, a different QC sought leave to raise yet another new point which again would necessitate amendment to the points of dispute and a further adjournment. Permission was refused.