COSTS — interlocutory application — motion seeking to restrain defendant’s solicitor from acting — application to restrain solicitor dismissed — where restraint application was the primary and only contested substantive issue — where other components of motion resolved without contested determination
Quick Take
1Where a multi-component interlocutory motion is dismissed on its only contested substantive issue, the event for costs purposes is the dismissal of that issue, and components resolved by consent or without a contested hearing do not warrant a percentage reduction in the successful respondent's costs.
2Non-party respondents joined to an interlocutory motion solely because of relief sought against them are entitled to costs payable forthwith under UCPR r 42.7(2) where their participation is at an end and the issue on which they were joined is distinct from the underlying proceedings.
3Where an issue on a motion is resolved without a hearing on the merits and neither party's conduct was unreasonable, the appropriate order is no order as to costs of that component, consistent with Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin.
