5 May 2010
The court refused the respondents' application and held that the $830.86 shortfall did not constitute special circumstances justifying variation of the costs order nisi; therefore the costs order nisi was made absolute.
15 Sept 2006
The court exercised its discretion to award costs to the defendant for the period from 14 days after the filing of the last notice of payment (7 July 2005) to the date of trial because the plaintiff failed to accept the payment in within the 14‑day period and did not provide sufficient justification for the delay; the court left open the possibility of ordering plaintiff's solicitors personally to pay costs under O 62 r 8 but did not make such an order without affording them an opportunity to show cause.