10.29: General rule for payment of litigation costs
10.31: Court-ordered costs award

Case Summary

The Parties sought direction from the Court on an award of costs. The Respondents had filed an Originating Application claiming a debt or unjust enrichment from the Applicants. The Applicants did not appear in Court before the Master in Chambers, and the Respondents were granted Judgment against the Applicants. Eamon J. set aside the Judgment on application by the Applicants. The Applicants submitted that they were entitled to costs because they were successful in setting aside the Judgment. The Respondents submitted sought thrown away costs.

The Court awarded the Respondents thrown away costs for post-judgment enforcement steps. Relying on the costs principles set out in Rules 10.29 and 10.31, Eamon J. found that the Respondents were entitled to thrown away costs for post-judgment writ proceedings against the Applicants’ house, as well as an ex-parte application to assess their costs of the lawsuit.

The Court also awarded costs to the Applicants. Eamon J. did not accept that acting reasonably in response to the set aside application should deprive the Applicants of their costs.

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