› where there was an absence of full and frank disclosure by the plaintiff in an application for ex parte interlocutory orders in the Duty List
› where it follows that the costs of and incidental to the injunction application are to be paid on the indemnity basis
Costs
› Party/Party
› Bases of quantification
› where the Court has no rational basis for apportioning a proper amount of the total costs claimed by the defendant to the applications for which it will be required to bear its own costs
› where it is not appropriate for the Court to make a gross sum costs order
Costs
› Party/Party
› Timing
› Costs payable forthwith
› where the subject matter of the plaintiff’s interlocutory application was not discrete, in the relevant sense, from the issues that will be determined at the final hearing
› where the delinquent behaviour of the plaintiff has been relevantly addressed by being required to pay costs on the indemnity basis
› no obligation to pay the costs forthwith
Costs
› Party/Party
› Court’s discretion
› where the defendant is not entitled to an order that the plaintiff pay the difference between the legal costs incurred and the amount that is recovered under the costs order
