Justice Ho released this Costs decision following a Hearing conducted pursuant to Rule 7.1. The Plaintiff submitted they were entitled to Schedule C Costs because they were successful, the Defendant sought the Hearing, it was an unnecessary expense for the parties, and the matter was complicated. The Defendant argued that there was mixed success, each party should bear their own Costs, and Costs should be addressed at the end of Trial.

Her Ladyship noted that Rule 10.29 provided a successful party is entitled to Costs subject to the Courts discretion under Rule 10.31. Rule 10.31 outlined various forms of Costs awards and Rule 10.33 outlined factors that should be considered in making such an award. The factors included the degree of success of each party, the importance of the issues, the complexity of the action and any other matter the Court considering appropriate. Justice Ho found there was mixed success and that Costs should not be reserved for Trial, accordingly Her Ladyship ordered that each party should bear their own Costs.