Where a plaintiff raises a separate cause of action (such as enforcement of an alleged settlement agreement) that is entirely distinct from the original cause of action and fails on it, an order requiring the successful defendant to pay costs to the unsuccessful plaintiff on that separate cause of action falls outside the limits of a sound discretionary judgment. The fact that the plaintiff ultimately succeeded in the main action on other grounds does not justify such an order where the separate cause of action rested on entirely different facts and evidence.
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