COSTS - reason to depart from “costs follow the event” on hearing - offers made - none effectual - costs to be on ordinary basis - finding in substantive judgment of “tipping point” on issues - appropriate to apportion costs - costs orders made concerning substantive hearing on apportioned basis
COSTS - costs of costs hearing - view put in substantive proceedings as to proposed costs outcome - position accepted by respondent - position challenged by applicant - position advanced by applicant entirely without merit - appropriate to make special costs orders for costs hearing - applicant to pay respondents’ costs of costs hearing on an indemnity basis
