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Uniform Civil Procedure Rules 1999
sec.709AFailure to serve costs statement
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### sec.709A Failure to serve costs statement
If a party entitled to be paid costs does not serve a costs statement under rule 705 within a reasonable time, the party liable to pay the costs may, by notice, require the other party to serve a costs statement under rule 705 .
If the party entitled to be paid costs does not serve a costs statement under rule 705 within 30 days after service of a notice under subrule (1) , the court may direct the party entitled to be paid costs to serve a costs statement under rule 705 within a stated time.
If the party entitled to be paid costs does not comply with the court’s direction, the court may—
either—
set aside the costs order; or
allow costs in a fixed amount, which may be nominal; and
order the party to pay to another party costs incurred because of the failure to comply with the direction.
r 709A ins 2008 SL No. 199 s 5
(sec.709A-ssec.1) If a party entitled to be paid costs does not serve a costs statement under rule 705 within a reasonable time, the party liable to pay the costs may, by notice, require the other party to serve a costs statement under rule 705 .
(sec.709A-ssec.2) If the party entitled to be paid costs does not serve a costs statement under rule 705 within 30 days after service of a notice under subrule (1) , the court may direct the party entitled to be paid costs to serve a costs statement under rule 705 within a stated time.
(sec.709A-ssec.3) If the party entitled to be paid costs does not comply with the court’s direction, the court may— either— set aside the costs order; or allow costs in a fixed amount, which may be nominal; and order the party to pay to another party costs incurred because of the failure to comply with the direction.
- (a) either— (i) set aside the costs order; or (ii) allow costs in a fixed amount, which may be nominal; and
- (i) set aside the costs order; or
- (ii) allow costs in a fixed amount, which may be nominal; and
- (b) order the party to pay to another party costs incurred because of the failure to comply with the direction.
- (i) set aside the costs order; or
- (ii) allow costs in a fixed amount, which may be nominal; and