Managing court costs is an integral part of litigation.
Failure to signal steps being taken
In James v Newton the court ordered that the trustees pay costs on a 2B basis because they failed to approach the caveator Mr James before invoking the lapsing procedure in the Land Transfer Act. The court being of the view that the expenses incurred by both sides could otherwise have been avoided, accepting that Mr James had little alternative but to file an application given the tight time constraints for such a step to be taken. Note that this was notwithstanding the view of the court that Mr James’ claim faces real difficulties including limitation defences and the equitable doctrine of laches.