Plaintiffs bear costs after unsuccessful constitutional challenge and possession counterclaim

The High Court determines the issue of costs in proceedings in which it dismissed a constitutional challenge and a counterclaim related to the ownership and occupation of a property, granting possession to the applicants. The plaintiffs, who contested the ownership and raised a constitutional challenge against certain sections of the applicable conveyancing statute, were unsuccessful in all their claims. Consequently, the court ordered the plaintiffs to bear the costs of the proceedings, rejecting their application for a reduction in costs based on partial success in preliminary issues. The court emphasised a broad-brush approach to costs allocation, considering the intertwined nature of the preliminary and substantive issues and the conduct of the parties during the proceedings.