No order as to costs following reversal of dismissal for procedural delay

The Court of Appeal determined the allocation of costs following its earlier decision to overturn a High Court order that had dismissed proceedings for procedural delay. Although the respondent had initially succeeded in the High Court in having the proceedings dismissed due to alleged delays and non-compliance, the Court of Appeal reversed this decision, finding the dismissal was not justified. However, despite the appellant’s overall success in the appeal, the Court of Appeal ordered that there should be no order as to costs for either party in relation to the substantive appeal or the related High Court motion. The Court cited the appellant’s unsatisfactory conduct and inordinate delays as reasons for not awarding them costs, while also finding that the respondent’s argument for costs was not sufficiently supported by the facts or authorities. Costs relating to a separate application to revisit the High Court’s judgment were to be paid by the appellant, as previously indicated by the Court. The judgment underscores the court’s discretionary and proportionate approach to costs where procedural failings exist but are not sufficient to justify draconian outcomes.