Plaintiffs' application to be released from implied undertaking applicable to documents obtained under compulsion
Plaintiffs do not proceed with substantive application
Consideration of what costs orders should be made
Quick Take
1Where a party brings an application to be released from the implied undertaking attaching to documents obtained by compulsion but does not proceed with the substantive relief sought, the party who obtained dismissal of the application is generally the successful party for costs purposes, even where interim or procedural orders were made along the way.
2A costs order may be discounted where the opposing party failed to convey consent or lack of opposition to a discrete aspect of the application that consumed significant hearing time.
3Where an interlocutory application does not affect the conduct or substantive outcome of the proceedings, costs may be ordered payable forthwith rather than awaiting the conclusion of the proceedings.
