sec.709Setting aside default assessment

### sec.709 Setting aside default assessment If a costs assessor is appointed under rule 708 to assess costs, the court may, on the application of the party liable for the costs, by order, set aside or vary a decision of the costs assessor or any order made under rule 740 . The application must be supported by— an affidavit explaining— the party’s failure to file a notice of objection to the costs statement; and any delay; and a notice of objection in accordance with rule 706 (2) to (5) , as an exhibit to the affidavit. Rule 722 applies to any reassessment of costs on an application made under this rule. r 709 sub 2007 SL No. 315 s 10 (sec.709-ssec.1) If a costs assessor is appointed under rule 708 to assess costs, the court may, on the application of the party liable for the costs, by order, set aside or vary a decision of the costs assessor or any order made under rule 740 . (sec.709-ssec.2) The application must be supported by— an affidavit explaining— the party’s failure to file a notice of objection to the costs statement; and any delay; and a notice of objection in accordance with rule 706 (2) to (5) , as an exhibit to the affidavit. (sec.709-ssec.3) Rule 722 applies to any reassessment of costs on an application made under this rule. - (a) an affidavit explaining— (i) the party’s failure to file a notice of objection to the costs statement; and (ii) any delay; and - (i) the party’s failure to file a notice of objection to the costs statement; and - (ii) any delay; and - (b) a notice of objection in accordance with rule 706 (2) to (5) , as an exhibit to the affidavit. - (i) the party’s failure to file a notice of objection to the costs statement; and - (ii) any delay; and