The mere fact that an unsuccessful party had a reasonable basis for its contention, or that the successful party's involvement was minimal, or that the successful party foreshadowed its own contentions during the application, does not afford a reason to depart from the ordinary rule that costs follow the event. An application to vary a damages assessment that is arguable on some grounds, even if misconceived on others, will not attract indemnity costs. Where a costs order is made in respect of an application that postdates the final determination of the proceeding, the costs are payable forthwith after quantum is fixed.
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