Costs

Question 1

Costs;

Costs in any event

Answer 1

Party gets costs for these proceedings, regardless of what orders are made later on in the case

Question 2

Costs in the case/application

Answer 2

Party who gets costs at the end of the case is entitled to costs of these proceedings

Question 3

Costs reserved

Answer 3

Decision is deferred until later (BUT if no such later order is made specifically in relation to them, it means costs in the case)

(Common for interim applications)

Question 4

C’s or D’s costs in the case/application

Answer 4

(a) if C/D wins, they get their costs for this application;
(b) if the other side wins, each bears their own costs

(Common for interim applications)

Question 5

Costs thrown away

Answer 5

Party awarded costs can claim for all costs incurred as a consequence of the application (prep, attendance, steps needed to enforce…)

(Common where orders are set aside: think of it as “thrown away” because wasted on something that was caused by the other side having to seek an amendment)

Question 6

Costs of and caused by

Answer 6

Party who gets costs is entitled to the costs of:

(1) Preparing for application; AND
(2) consequential steps due to order

(Common where an application for amendment to a statement of case is granted)

Question 7

Costs here and below

Answer 7

Party gets costs not only for this application but also for costs in any lower court proceedings

Question 8

No order OR each pay their own

Answer 8

Each party bears their own costs