The Court ordered party/party costs rather than scale costs against the unsuccessful applicant on an interlocutory discovery application, holding that where the complexity and expense of the application far exceeded what the Court's events-based scale contemplated, restricting the successful respondents to scale costs would be unfair. The Court treated the failed discovery application as a discrete matter warranting an immediate costs order rather than reserving costs or making them costs in the cause, notwithstanding ongoing settlement negotiations between the parties.
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