The Plaintiff Applicant applied to Justice Romaine to vary the Reasons relating to Costs in order to reflect a previously overlooked contractual provision that Costs would be borne by the Defendant Respondents on a solicitor and own client basis. The Defendant Respondents opposed the Application on the basis of jurisdiction and merits. The Defendant Respondents argued that the issue was res judicata, or that Rule 9.13 applied only in the limited circumstances of a “slip” or where fresh evidence was adduced. Justice Romaine noted that pursuant to Rule 9.13 jurisdiction to re-open the previous Decision was a non-issue; the Rule clearly allowed for the Order to be varied at any time before entry. The Justice further observed that the Costs Decision could not be res judicata since Rule 9.13 specifically provides that an Order may be varied, and the Rule was not limited to the narrow ambit suggested by the Defendant Respondents. The previous Costs Order was varied to accommodate Affidavit evidence that had not previously been considered. Costs were awarded to the Plaintiff Applicant on a solicitor and own client basis.