12 Jul 2007
FONFAIR CO LTD v. UDL MANAGEMENT LTD
- Citation
- FONFAIR CO LTD v. UDL MANAGEMENT LTD
- Court
- Court of First Instance
- Case number
- HCA2002/2001
The court refused to vary the costs order nisi because the respondents' conduct did not cause a significant increase in the length or cost of the proceedings: the pleading point was technical and could not reasonably have been raised earlier while the affidavit evidence was already filed, the point was raised promptly when spotted, and even if raised earlier it likely would not have avoided the factual hearing; accordingly the respondents should not be deprived of costs and the costs order nisi was made absolute.