EVIDENCE - affidavit material evidence from both parties relied upon for the purposes of costs application - affidavit material not read during substantive hearing - application for restriction on use pursuant to s 136 of the Evidence Act 1995 - restriction appropriate as affidavit material not tested in substantive hearing - restriction ordered (see [10])
COSTS - First Respondent successful in substantive proceedings - First Respondent now seeks costs on the indemnity basis - First Respondent succeeded on different basis to that initially advanced for it - not appropriate to exercise discretion to depart from the position that costs follow the event as agreed or assessed
COSTS - First Respondent’s indemnity costs application unsuccessful - costs of costs applications follow the event - First Respondent to pay the Applicant’s costs of the costs application as agreed or assessed
