This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be reserved. The hearing was not considered similar to a case management hearing. Nor did the Court accept the orders were beneficial to both parties. The Applicant was ordered to pay the Respondent’s costs on a standard basis.
Damian Clothier QC (leading E L Hoiberg) appeared for the Respondents, instructed by King & Wood Mallesons.
Michael May (with L W L Armstrong QC) appeared for the Applicant, instructed by Clyde & Co.
The judgment is published here.
