Decision to make no order as to costs in medical negligence action was disproportionate

Power J (nem diss): Appeal of a decision to make no order as to costs following the successful defence of a medical negligence action - ex tempore judgment - the appellant was an orthopaedic surgeon who afforded care to the respondent in the aftermath of an injury she sustained to her right hand when it was crushed under a heavy mirror - the trial judge dismissed the respondent’s claim primarily on the grounds that she had failed to establish that the appellant had breached his duty of care towards her - the trial judge was of the view that an allegation of fraud had been made against the respondent that was without basis and that the only way to make his disapprobation was to make no order as to costs - Order 99, Rule 1 of the Rules of the Superior Courts - whether the decision to make no order as to costs was proportionate - appeal allowed - Court substitutes order and awards the appellant 50% of the High Court costs.