Description
When considering whether to make an award for indemnity costs, it was necessary to consider whether a party's conduct was such that it should attract the court's censure. The Respondent had not made a misleading statement and it was not game playing. It had made a striking out application which was not hopeless, and though no reason was given for its abandonment the application was not improper and it was supported by a witness statement. It was held that mere abandonment should not give rise to indemnity costs, more was needed. There needed to be more than a mere departure from the norm. In the instant case abandonment had not caused extreme costs to be incurred. Further it had not cast doubt on the propriety of the original application, therefore the Applicant was not entitled to indemnity costs.
