Description
Court awards 80% costs of a strike-out application withdrawn on the day of the hearing
It was held that it was right that the costs situation was not the same as if the Defendant had pursued its application and won. Without hearing argument on the substantive claim and dealing with the costs only, it was right that the Claimant paid some costs to the Defendant. It was clear that something a little less than the totality was appropriate but the situation had arisen because of the Claimant's failures. The Claimant was therefore ordered to pay 80% of the Defendant's costs.