The Court granted leave to discontinue long-running proceedings seeking non-publication orders, conditioned on the plaintiff undertaking to compensate defendants for any proven loss specifically referable to the interlocutory injunctions, notwithstanding that no undertaking as to damages had originally been given. The Court rejected the defendants' claim for 'equitable damages' encompassing general, special and aggravated damages, holding that compensation in equity requires an established cause of action or an undertaking, and is limited to loss caused by the injunction itself rather than by the proceedings generally. Applying Lai Qin principles to UCPR r 42.19, the Court made no order as to costs, finding the plaintiff had acted reasonably in commencing and maintaining the proceedings and that discontinuance was not a capitulation.
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