High Court grants costs order on a 'party and party' basis personally against a lay litigant who made an unsuccessful application as a non party to be substituted as plaintiff in the proceedings, on the grounds the litigant's level of unreasonableness or moral culpability does not justify the making of such an order on a 'solicitor and client' basis, despite the litigant being on notice of the High Court's refusal of a similar order in separate proceedings at the time he made the application in the within proceedings.
Costs - unsuccessful application by non-party to be substituted as plaintiff in proceedings - purported assignment of proceedings from corporate plaintiff to its sole shareholder - order for costs already made against unsuccessful applicant in High Court in other proceedings arising from a findings of an abuse of the court's process - submissions - costs to follow event - solicitor and client basis - whether applicant on notice of other judgment to the effect that he knew he was not entitled to make the application in these proceedings - whether costs should be awarded 'in the cause' - Order 99 RSC - ordinary rule as to costs - rationale underlying rule - Order 99 rule 1(4A) - justly adjudicate - principles governing costs application - personal costs exposure cannot be transferred to corporate plaintiff - defendant entitled to costs - principles governing making of an order on 'solicitor and client' basis - compass of principal judgment narrow - level of unreasonableness or moral culpability does not warrant making of such an order - costs ordered against applicant on party and party basis with stay in the event of an appeal