The High Court has ruled that the Plaintiff must pay the Defendant's costs associated with a withdrawn injunction application. The Plaintiff, who had sought injunctive relief to resume occupation and business activities at a property owned by the Defendant, her uncle, chose not to pursue the application after the exchange of affidavits revealed conflicts of fact. The court found no change in circumstances or concessions from the Defendant that would justify not awarding costs to the Defendant. The decision was based on the principle that a party who unilaterally discontinues an application without any benefit or concession should presumptively bear the costs.
Mandatory Injunction, Withdrawn Application, Costs Award, Plaintiff, Defendant, Conflict of Fact, Affidavits, Property Occupation, Business Activities, Unilateral Discontinuation, High Court, Legal Services Regulation Act 2015, Order 99 Rule 2(3), Section 169(1), Case Management, Damages Remedy.