Read the full judgment text of HCA 6359/1992 on BabelCite. This High Court CFI judgment was delivered on 17 March 2004.
1. I have before me an application by the defendant to vary the order of costs nisi that I made in my judgment of 8 January 2004. The order I made in relation to the costs of the action except the costs of the trial is that the costs of the action shall be paid by the defendants to the plaintiffs and to the third party on an indemnity basis. It has been suggested to me that I should vary that costs order, on the basis that it is an unusual order - indemnity costs - and that where there is hostil