Where a non-party costs application requires the trial judge to reconsider many of his or her own findings of fact and law, the hearing is in the nature of an appeal from the judge and disqualification for apprehended bias may be required. A declaration made in proceedings binds only the parties, and a non-party brought into the case by a costs application is entitled to challenge the underlying findings. The discretion to order costs against a non-party should not be exercised where the applicant chose not to join the non-party, positively discouraged the non-party from intervening, and gave no warning of a possible costs application.
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