A successful defendant may be ordered to pay the unsuccessful plaintiff's costs of a separable factual issue where the defendant's defence to that issue was baseless and relied upon fabricated evidence, even though the defendant succeeded overall. Indemnity costs for commencing hopeless proceedings may be limited in scope to reflect what the trial should have been, excluding time attributable to issues on which the unsuccessful plaintiff prevailed.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
4 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.