Read the full judgment text of HCA 2057/2007 on BabelCite. This High Court CFI judgment was delivered on 9 February 2009 before Deputy High Court Judge Carlson.
Civil procedure – costs – interlocutory proceedings – injunction – summonses taken out by defendants – whether to maintain original order nisi for plaintiffs' costs in the cause overall or to compartmentalise costs by awarding plaintiffs' costs in respect of individual summonses on which defendants failed – three-day hearing on continuation of injunction – defendants' arguments on summonses not entirely hopeless though ultimately unsuccessful – broad-brush costs order retained as reflecting justice of the situation at this stage – costs of subsequent application on costs – defendants entitled to costs in the cause – application by plaintiff's counsel dismissed – original order nisi maintained – later appeal allowed (see CACV180/2008 and CACV184/2008 dated 25 May 2009).
Legal issues: Approach to costs orders for defendants' failed summonses · Costs of the costs application itself
Outcome: Plaintiff's application for a revised, compartmentalised costs order dismissed; original order nisi (plaintiffs' costs in the cause overall in respect of the summonses) maintained.
Cited by 4 cases