29 Dec 2022
The variation application was dismissed and the Cost Order Nisi was made absolute because the husband had advanced wholly unsupported and unreasonable allegations (the alleged verbal agreement and increased time with the child), had been in breach of the AR 2013 Order, and the trial judge properly exercised discretion under Order 62, rule 5(2) to order costs against him (50%).
3 Jan 2019
The court annulled the assessments under appeal, exercised its discretion not to incorporate discrete answers to questions of law in the formal order, and ordered that the Commissioner pay two-thirds of the appellants' costs in this court because the appellants were partly unsuccessful on specified questions which generated distinct additional costs attributable to those issues.
14 Oct 2005
Judge exercised discretion not to deprive the 2nd Defendant of costs for the adverse possession issue because the plea was not unreasonable given uncertain law, most costs on the legal point arose from the Order 14A summons, the 2nd Defendant had legitimate interest in the factual evidence and did not significantly lengthen the trial; accordingly general rule that costs follow event maintained except as to the two summonses.