- (1)
- A party may object to the preliminary assessment amount by:
- (a)
- giving
written notice of the objection to the Registrar and the other party; and
- (b)
- paying into court a sum equal to 5% of the total amount claimed in the
itemised costs account as security for the cost of any assessment of the
account;
within 21 days after receiving written notice of the preliminary assessment
amount.
- (2)
- On receiving a notice and security, the Registrar must fix a
date for an assessment hearing for the itemised costs account.
- (3)
- The party objecting may be ordered to pay the other party's costs of the
assessment from the date of giving notice under paragraph (1) (a) unless the
itemised costs account is assessed with a variation in the objecting party's
favour of at least 20% of the preliminary assessment amount.
Note
The court
may order that a party is not required to pay security under paragraph (1)
(b).