The Court held that the amended UCPR r 42.34(2), which removed the residual discretion to award costs where proceedings could have been commenced in the District Court but the Supreme Court is not satisfied commencement and continuation was warranted, applies to costs determinations made after its commencement in September 2024, even where proceedings were commenced before that date. The Court refused to make a costs order in favour of the successful plaintiff (who obtained judgment of $50,000) because the proceedings were not sufficiently complex to warrant commencement and continuation in the Supreme Court, notwithstanding that the proceedings originated as a search order application and the plaintiff's solicitor was directed to the Supreme Court by the District Court Registry. The alleged misconduct of the unsuccessful defendant was held to be irrelevant to the threshold question under r 42.34(2) of whether proceedings in the Supreme Court were warranted.
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