Description
The costs of cross-application for summary judgment would be reserved pending the outcome of mediation as costs would be one of the central issues to be decided at mediation
The costs of the summary judgment applications would be reserved to be determined at a CMC after the mediation. One of the issues to be mediated was costs generally, of which the costs of the summary judgment applications would be a relatively small part. It was not desirable to make a costs order ahead of a mediation where goodwill by all parties would be necessary if the very expensive proceedings were to be compromised.
