Read the full judgment text of HCA 1662/2001 on BabelCite. This High Court CFI judgment was delivered on 23 November 2006.
1. There are two sets of costs, the first relating to the amendment itself. It is accepted that costs of and occasioned by the amendment are to go to the defendant in any event but the real issue about which I have heard some sustained argument on both sides is what is to happen to the costs of these five days. Effectively, the argument has taken all of that and the starting point is this; that the defendant arrived at court expecting to have to contest the matter on the then state of the plead