1Where a party is wholly successful in resisting an interlocutory application concerning a discrete issue not dependent on the outcome of the proceedings as a whole, the appropriate order is that the unsuccessful party pay the successful party's costs, rather than costs in the cause.
2A party's failure to make any concession that an interlocutory application has merit, and its decision to proceed to a contested hearing rather than seek an adjournment, may weigh against that party obtaining a favourable costs order when it is ultimately unsuccessful on the application.
