25 Jan 2021
Both parties achieved substantially the same outcome—affidavits confirming no further documents— and the defendants required a hearing to refine categories; accordingly the Court exercised its discretion to order that costs in respect of the interim judgment lie where they fall.
20 Aug 2020
The defendant was the effective winner of the interlocutory application because the plaintiffs filed a second amended statement of claim after the application was filed containing the particulars sought; accordingly the defendant was awarded costs on a Category 2B basis plus disbursements, quantified at $1,934, and costs on the memorandum were declined.
24 Sept 2019
Because the defendants withdrew their interlocutory discovery application after obtaining a fixture, the plaintiff was the successful party and is entitled to costs and disbursements sought; reserving costs would be inconsistent with r14.2 and the exercise of discretion to be principled and predictable.
16 Jul 2008
The court held that Mr Elvidge's 7 December 2007 affidavit disclosed an arguable defence and clear disputes of fact; therefore the plaintiff should have withdrawn its summary judgment application from that date. Costs were awarded to Mr Elvidge on the withdrawn application from 7 December 2007 on the usual Category 2B basis, with disbursements to be approved by the Registrar.