where applications to set aside creditor’s statutory demands did not proceed
Quick Take
1Where proceedings to set aside a creditor's statutory demand are dismissed by consent without determination on the merits, there is usually no relevant 'event' and the ordinary exercise of discretion is to make no order as to costs, unless one party has effectively capitulated or acted unreasonably.
2A creditor's prompt withdrawal of a statutory demand after proceedings are filed, coupled with an intention to pursue substantive recovery proceedings, does not constitute capitulation or an implied concession that a genuine dispute existed; it may reflect a sensible commercial decision to avoid the costs of defending the demand.
3A gross sum costs order is inappropriate where the risk of duplication of work across related proceedings involving similar issues cannot readily be addressed by the broad-brush approach inherent in such orders.
