sec.720Procedure on assessment

### sec.720 Procedure on assessment A costs assessor appointed to carry out a costs assessment is to decide the procedure to be followed on the assessment. However, the procedure must be— appropriate to the scope and nature of the dispute and the amount in dispute; and consistent with the rules of natural justice; and fair and efficient. Also, if the costs are payable out of a fund— the applicant must serve on the person having charge of the fund a notice— identifying the fund; and stating that the costs in the costs statement to be assessed are payable out of the fund; and stating when the costs are to be assessed; and containing or attaching any other information the costs assessor requires to be included in or with the notice; and the person having charge of the fund may make submissions to the costs assessor in relation to the assessment. Without limiting subrule (1) or (2) , the costs assessor may decide to do all or any of the following— hear the costs assessment in private; carry out the costs assessment on the papers without an oral hearing; not be bound by laws of evidence or procedure applying to a proceeding in the court; be informed of the facts in any way the costs assessor considers appropriate; not make a record of the evidence given. r 720 sub 2005 SL No. 242 s 4 ; 2007 SL No. 315 s 10 (sec.720-ssec.1) A costs assessor appointed to carry out a costs assessment is to decide the procedure to be followed on the assessment. (sec.720-ssec.2) However, the procedure must be— appropriate to the scope and nature of the dispute and the amount in dispute; and consistent with the rules of natural justice; and fair and efficient. (sec.720-ssec.3) Also, if the costs are payable out of a fund— the applicant must serve on the person having charge of the fund a notice— identifying the fund; and stating that the costs in the costs statement to be assessed are payable out of the fund; and stating when the costs are to be assessed; and containing or attaching any other information the costs assessor requires to be included in or with the notice; and the person having charge of the fund may make submissions to the costs assessor in relation to the assessment. (sec.720-ssec.4) Without limiting subrule (1) or (2) , the costs assessor may decide to do all or any of the following— hear the costs assessment in private; carry out the costs assessment on the papers without an oral hearing; not be bound by laws of evidence or procedure applying to a proceeding in the court; be informed of the facts in any way the costs assessor considers appropriate; not make a record of the evidence given. - (a) appropriate to the scope and nature of the dispute and the amount in dispute; and - (b) consistent with the rules of natural justice; and - (c) fair and efficient. - (a) the applicant must serve on the person having charge of the fund a notice— (i) identifying the fund; and (ii) stating that the costs in the costs statement to be assessed are payable out of the fund; and (iii) stating when the costs are to be assessed; and (iv) containing or attaching any other information the costs assessor requires to be included in or with the notice; and - (i) identifying the fund; and - (ii) stating that the costs in the costs statement to be assessed are payable out of the fund; and - (iii) stating when the costs are to be assessed; and - (iv) containing or attaching any other information the costs assessor requires to be included in or with the notice; and - (b) the person having charge of the fund may make submissions to the costs assessor in relation to the assessment. - (i) identifying the fund; and - (ii) stating that the costs in the costs statement to be assessed are payable out of the fund; and - (iii) stating when the costs are to be assessed; and - (iv) containing or attaching any other information the costs assessor requires to be included in or with the notice; and - (a) hear the costs assessment in private; - (b) carry out the costs assessment on the papers without an oral hearing; - (c) not be bound by laws of evidence or procedure applying to a proceeding in the court; - (d) be informed of the facts in any way the costs assessor considers appropriate; - (e) not make a record of the evidence given.