25 Sept 2007
Although costs are ordinarily awarded to the successful party on each interlocutory step under r47(a), and the final outcome may be taken into account where costs were reserved, the final outcome of the appeal was insufficient to overturn the general rule; therefore no order for costs was made in respect of the leave application.
22 Dec 2005
Because the plaintiffs' claim was struck out as having been commenced out of time, the defendants were the successful party under r47(a) and are entitled to costs for the proceeding and related interlocutory steps absent special circumstances; the plaintiffs' limited success on the assignment issue did not warrant apportionment or reduction of costs in this case.
21 Dec 2005
The court applied High Court Rules r47(a) and held that because the defendants failed in the proceeding and withdrew their opposition to a defended summary judgment at the last minute, costs should follow the event; the usual category 2B scale applies and the plaintiff is entitled to costs of $17,855.00 plus disbursements, with the defendants' cultural and consultation arguments rejected as unsupported.