UCPR r 42.20(1) creates a starting point that where proceedings are dismissed, the plaintiff must pay the defendant's costs, and this enhanced disposition means it should no longer be said that where both parties acted reasonably the usual outcome is no order as to costs. The observations of McHugh J in Lai Qin are not readily applicable to r 42.20(1). A plaintiff seeking to avoid the statutory order must show more than that it was justified in commencing proceedings; it must demonstrate some additional factor warranting departure from the rule.
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