Where a judgment fails to determine all causes of action and a party must bring a motion to vary, the costs of that motion should follow the event under UCPR r 42.1. The fact that the need for the motion arose from judicial error not attributable to any party is not a reason to depart from the general rule. A party asking the court to do what it should have done in the first place is not seeking an 'indulgence'.
The full text is available to signed-in members, including the 254 later cases that cite this judgment.
101 of the 254 citing cases carry a classified treatment. How each court treated it is available to signed-in members.