The discretion under Supreme Court Rules 2000 (Tas) r 65(a) to depart from the default rule that interlocutory costs are costs in the cause is unfettered and is to be exercised when the interests of justice require it. Where summary judgment is set aside on appeal, the successful appellant may recover costs of both the summary judgment application and a consequential stay application (the latter reduced to reflect evidentiary deficiencies), payable forthwith. Relevant factors include whether the interlocutory determination resolved a substantial aspect of the proceedings, the likely delay before finality, and financial disparity between the parties.
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