5 Mar 1993
HUMPHREYS ESTATE (FORRESTDALE) LTD. v. UNISTRESS BUILDING CONSTRUCTION LTD.
- Citation
- HUMPHREYS ESTATE (FORRESTDALE) LTD. v. UNISTRESS BUILDING CONSTRUCTION LTD.
- Court
- Court of First Instance
- Case number
- HCMP3311/1991
The court found it had not dealt with the costs of the counterclaim prior to 22 October 1991 and therefore could entertain the restoration/slip-rule application; however, applying Glenlion and Vianini, the court held it would not make an unusual order depriving the defendant of the usual costs entitlement because no clear prior warning had been given that such an order would be sought; accordingly the defendant is entitled to the usual order for costs of the counterclaim and the costs of the claim after 22 October 1991; the court made no order as to costs of the present application (costs nis…