- Failure to prepare points of dispute before the hearing fatal to application to set aside $US 3m default costs certificate (National Bank of Kazakhstan v Bank of New York Mellon)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The master held that draft points of dispute were ‘fundamental’ to the hearing of an application to set aside a default costs certificate. While there may be reasons for not providing them at the time of making the application, they should be available for the hearing and a failure to do so in this case meant that the costs judge declined to set aside the default costs certificate. Written by Alex Bagnall, technical manager, at Total Legal Solutions.
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