30Party changing facts relied on

#### 30 Party changing facts relied on 30 Party changing facts relied on > > (1) After serving the party’s statement of particulars or reply on a claim, a party to a claim may only change the facts on which the party relies (whether by way of addition, deletion or correction) if the change is due to— > > > > > (a) the discovery by the party of facts that were not known to and not reasonably discoverable by the party before serving the party’s statement of particulars or reply, or > > > > > (b) the plaintiff remembering facts only after serving the plaintiff’s statement of particulars, or > > > > > (c) a change by another party to the facts on which that other party relies. > > > (2) In determining whether facts were reasonably discoverable by a party, regard is to be had to what would be likely to be discovered by the party in the reasonable pursuit of the party’s claim or defence. > > > (3) A fact is not reasonably discoverable by a party if the only way in which it could be discovered is by the exercise of a power of the Tribunal. > > > (4) A change to the facts on which a party relies must be notified to the other parties to the claim as soon as practicable after the party making the change becomes aware of the need for the change. > > > (5) This clause does not prevent a party changing the facts on which the party relies, but any change that is not authorised by this clause constitutes a contravention of this clause for the purposes of clause 69.