Read the full judgment text of HCA 004902/1993 on BabelCite. This High Court CFI judgment was delivered on 17 April 1996.
1. The first defendant applied for an order that the plaintiff's claim be struck out. It was unsuccessful before the Master, and, on appeal, was unsuccessful before me. When I dismissed the appeal, I made an order nisi that the first defendant pay the plaintiff's costs, with a certificate for counsel. I did not order that these costs be paid "in any event". I did not apply my mind to this. The first defendant now applies to vary my order so that it does provide for costs to be paid "in any event