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High Court, in proceedings where the plaintiff sought an injunction restraining the defendant from going immediately to work for a competitor of the plaintiff, makes a limited costs order for payment by the plaintiff of the defendant’s costs, excluding the costs of discovery, and limited to two hearing days, on the grounds that: (a) the majority of the trial was devoted to examining two issues raised by the defendant which he ultimately lost; (b) the discovery which was made by both sides was directed at issues the defendant lost; and (c) the defendant was entitled to some costs of the proceedings as ultimately he had successfully defended the claim against him, but a substantial adjustment to the order was required to reflect the fact that he had lost on two major issues in the trial.
Costs of legal proceedings - plaintiff unsuccessfully applied for an injunction restraining the defendant from going immediately to work for a competitor of the plaintiff - Order 99 of the Rules of the Superior Courts - whether the costs of the proceedings were increased by the fact that the defendant raised issues on which he was not successful - whether the court should make any order as to costs - the Court made a limited costs order for payment by the plaintiff of the defendant’s costs, excluding the costs of discovery, and limited to two hearing days.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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