Rob Anderson KC (leading C Matthews) represented the defendant, instructed by Robinson Locke Litigation Lawyers.
This judgement follows orders made on 8 June 2026 dismissing the plaintiff’s application for summary judgement and inviting further submission on the issue of costs. Each party sought their costs of the application on the standard basis.
McCafferty J rejected the plaintiff’s submission that the defendant’s success on the application depended on two indulgences granted to him and did not find it appropriate to make an order for costs in the plaintiff’s favour. Further, the Court declined to exercise its discretion to order costs in the defendant’s favour, finding that the plaintiff had not acted unreasonably in bringing the application. As such, McCafferty J did not consider it appropriate to depart from the usual position that each party’s costs be their costs in the proceeding.
The judgment can be read by clicking here
