Read the full judgment text of on BabelCite. was delivered on 17 October 2006.
1. This is an application by the bank to vary the costs order nisi made by this court on 15 June 2006. The bank seeks an order that either (1) there be no order as to costs in the appeal and below, or, (2) there be no order as to costs of the appeal. The net effect of the order sought is that the company (the successful party both in this court and below) and which is in liquidation should be deprived of its costs whether both here and below or only of the appeal.