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High Court: (1) grants order for costs of summary proceedings to the successful party in subsequent plenary proceedings where the facts asserted as providing for an arguable defence at the summary hearing were almost entirely rejected at the later plenary hearing; and (2) refuses application for a stay on the costs orders brought by the unsuccessful defendant pending the possibility of an appeal, on the grounds that a stay is inappropriate where no basis for such an appeal has been advanced and where the trial judge's findings of fact effectively determined its judgment.
Application for costs and a stay on orders pending possibility of appeal - plenary hearing costs undisputed - costs of summary hearing reserved to trial judge to decide - whether significant that facts alleged by losing party at summary hearing were almost entirely rejected later at plenary hearing in context of costs - whether significant that defence raised at summary stage was that case was never one which was going to be decided summarily - post-trial hindsight - costs of summary hearing ought to have been granted to successful plaintiff - no basis for potential appeal identified - trial judge's determination of facts - principles to be considered on application for a stay - application for stay refused.
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