1 Aug 2019
The court held that the petitioner substantially obtained the relief sought and that this was not one of the rare cases requiring a merits inquiry; accordingly costs (including reserved costs and the costs of the application) were awarded to the petitioner to be paid by the personal respondents and the fortification money was ordered released to the petitioner.
15 May 2002
Because the respondents failed to comply with the court's directions to file and serve their affirmation within the prescribed time, offered no adequate explanation and did not propose an unless order with affidavit, the court was justified in making an unless order precluding them from adducing evidence unless they complied by the specified date and in awarding costs to the petitioner for the hearing.
10 Jul 2001
Re-advertisement is not required upon substitution of a petitioner where the original petition was properly advertised and creditors/contributories were informed of the class remedy; substitution does not alter that notice function. Consequently the hearing of the petition could proceed (subject to adjournment for evidence). On costs, the original petitioner (Jason) must pay the Company's costs except that Jason’s costs of the original petition and of the advertisement are to be treated as costs in the petition.