An appellate court will not interfere with a discretionary costs order absent manifest error, and a party cannot contend on appeal that a witness's evidence was false and misleading when that proposition was never put to the witness in cross-examination below. Where a simpler procedure (such as joinder) would achieve the same objective as a more complex application (such as an injunction to restrain solicitors), pursuing the more complex application first may be unreasonable and justify a costs order against the applicant.
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