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High Court orders that the costs of a successful appeal of the granting of an interlocutory injunction by the Circuit Court, together with the costs of the original application, be costs in the cause, and makes a declaration that irrespective of the outcome of the proceedings the respondent will have no entitlement to the costs of the application for the injunction in the Circuit Court or the costs of this appeal, on the grounds that: (a) there would be a real risk of injustice if the Court were to determine, at this stage, that the appellants should now be awarded their costs of the hearing of the interlocutory application either in this court or in the Circuit Court; and (b) as the Court held against the respondent on the balance of convenience, there are no circumstances in which it would be just that the respondent should recover its costs against the appellants in respect of the application for the interlocutory injunction or the appeal.
Application for the costs of an appeal of an injunction granted by the Circuit Court - the trial judge, in a previous judgment, upheld the appeal by the plaintiff to the granting of an interlocutory injunction granted against them by the Circuit Court and dismissed the application - the trial judge had found that the defendants had failed to make out either a strong case to justify the grant of mandatory relief or a serious issue to be tried to sustain the application for the interlocutory injunction and that the balance of convenience lay against the granting of the injunction - Order 99 of the Rules of the Superior Courts - costs of legal proceedings - whether the successful appellant was entitled to the costs of the appeal - Court orders that the costs are to be considered costs in the cause - Court also gives declaration that the respondent will not be entitled to the costs of the appeal or the original application irrespective of the outcome of the proceedings.
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