A mortgagee's contractual right to indemnity costs under a mortgage memorandum is enforceable as a costs order even where proceedings are dismissed without a hearing on the merits, provided the costs were incurred 'in connection with' the exercise of the mortgagee's powers on default. The Lai Qin principle that the court should not investigate the merits to determine costs applies to prevent costs orders based on inferences drawn from post-litigation conduct such as the identity of the eventual purchaser.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.