The mere fact that a person is the sole director and shareholder of an unsuccessful corporate litigant does not, without more, justify a non-party costs order, even where the person was the corporation's sole decision maker. Impropriety is not a necessary precondition for such an order, but the interests of justice must require it. There is a substantial difference between a person who causes a company without financial substance to prosecute proceedings and one who causes it to defend proceedings brought against it. Failure to give the non-party early notice that costs may be sought against them personally is relevant to the exercise of the discretion.
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