Costs

Question 1

What is the purpose of a costs order?

Answer 1

To indemnify the party for the expense of initiating or defending litigation.

Question 2

What is the rule in awarding costs?

Answer 2

Court’s discretion exercised judicially after considering facts of each case and must be exercised upon grounds which a reasonable man would apply in order to reach just conclusion.

Question 3

What are the general rules relating to an award of costs?

Answer 3

1. Costs follow the event
2. Court may for good reason deprive a successful party of his costs in whole or part
3. Court may for good reason order a successful party to pay the whole or a portion of the costs of the other party
4. In special cases, an order that the unsuccessful party is to pay the costs of the successful party on an attorney-and-client basis/