UCPR r 36.16(3A) permits variation of costs orders where a notice of motion is filed within 14 days of entry, but r 36.16(3) does not extend to costs orders that determine claims or dismiss proceedings. In defamation proceedings where a defendant fails on justification but succeeds on comment and statutory qualified privilege, the justification defence is unlikely to be sufficiently severable to warrant a departure from the usual costs order where the evidence relevant to justification overlaps with evidence relevant to the successful defences.
The full text is available to signed-in members, including the 49 later cases that cite this judgment.
12 of the 49 citing cases carry a classified treatment. How each court treated it is available to signed-in members.