When applying for a stay under r 127(2)(b) UCPR on the ground that the court is a clearly inappropriate forum, the question whether leave to serve out of the jurisdiction would have been granted under r 126 UCPR is not a relevant factor, because r 126(4)(b) applies the 'appropriate forum' test rejected in [name withheld]. However, the connecting factors relevant to both rules may overlap. A 'no order as to costs' accompanied by liberty to apply in respect of costs, where costs have not been argued, is not a final order and may be vacated and replaced with a substantive costs order.
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