The Court ordered that costs of an interlocutory motion seeking leave to file a further caveat under s 74O of the Real Property Act be costs in the cause, where neither party achieved complete success: the plaintiff preserved security but not in the form sought, and the defendant's offer of alternative security over the Auburn Property was only made shortly before the hearing, meaning the plaintiff was not unreasonable in proceeding with the motion. The Court declined to separate the costs of the hearing day from the remainder of the motion costs.
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