This judgement concerned the orders for costs of an application dismissed for want of prosecution. It was not contested that the applicant should be ordered to pay the costs of the respondents. Rather, the disputed questions were, first, whether costs should be assessed on an indemnity basis; and second, whether how the moneys paid to the Court by the applicant should be disbursed.
Jackson J determined that the costs should not be determined on an indemnity basis. Further, his Honour held that the respondents are not entitled to the money in Court until costs assessments are made.
The judgment is published here.