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Applicant not entitled to costs of making discovery when no affidavit of discovery was filed

By: Evan Kearney BL

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High Court grants on order for costs to a defendant in circumstances where proceedings were struck out for want of prosecution, save for the costs of making discovery since no affidavit of discovery was filed.

Costs of previous hearing – matter had been dismissed for inordinate and inexcusable delay – plaintiff’s solicitors seek costs to follow event – defendant’s solicitors do not object but state that there should be no costs of making discovery as none as made – plaintiff entitled to costs including costs of defending motion for discovery but not making discovery as no discovery was made.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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