COSTS — whether the circumstances justify making orders other than the “usual order” — costs to follow the event
Quick Take
1An unsuccessful party seeking to displace the usual costs order under UCPR r 42.1 bears the onus of establishing a basis for departure; the fact that a respondent council could have communicated its position more promptly does not suffice where the council's substantive position was ultimately vindicated.
2A council's offer to meet and discuss alternative planning pathways, even if those pathways involved lodging a new application, weighs against a finding that the council's conduct compelled the unsuccessful party to litigate.
