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100

Order approach - Determination of the rights of the parties

Shubrook v. Tufnell

Re bozson

100

Rules on definition of Judgements and the slip rule

r. 2.03 and rule 5

100

In Garnishee proceedings, the debt must be due in law but no necessarily immediately enforceable.

Webb v. Stenton

100

Claimant can still file another action on the same facts if the first claim is discontinued.

Reid v. London

100

Declarations just lay out a point of law.

Wallerstein v. Moir

200

Judgement is the decision of the court in an action and an order is everything else

Onslow v. Inland

200

Standard for Interim Payments is higher than the usual civil standard. Court must be satisfied that the claimant will succeed.

British v. Quadrex

200

Non-residency is no longer a predominant factor. Defendant must prove that granting the application is just and non residency is just another factor to consider in granting the application.

Ralph v. TT

200

CPR on Security for costs

R. 24

200

Court will not make a determination on the oral examination. Examination is cross examination of the strictest form.

Costa Rica v. Stronsberg

300

Interim Payament Application Must

- Set out the grounds

- Set out assessment of damages

- exhibit documentary evidence

- Set out particulars of the persons to benefit

- Set out the reasons for the application E.G. MONEY FOR EDUCATION

Felicia v. Eagle air

300

Locus classicus for Securrity for costs. the court must weigh the injustices to both parties if one or the other is not granted 

Elma Lawson

300

CPR Interim Payments

R. 17

300

This case outlienes the method of costs to be used in bill of costs for security for costs

Ultra marine case

300

When stipulating a value the court should take into account:

- Assessment of the value by the court

- real dispute between the parties

- evidence before the court

- no trial should be conducted to make a finding

- costs awarded should be fair and reasonable

Denisha Mayers v. Wilson

400

The reasoning that the payments are for wrong or extravagant will not be accepted by the court.

Wittich v. Twaddle

400

Withdrawal and Discontinuance

S. 37 CPR

400

A person is habitually resident where he resides in a place for a settled purpose even where different from his permanent abode.

Melville v. Clarke

400

Notice of discontinuane does not affect proceedings for costs.

Pacific v. Comerco

400

Proceeds of distribution

- Costs of Execution 

- Payment of the Judgement Debt

- Residue to Judgement Debtor

Bissicks v. The Bath

500

Application Apprach- A look at the nature of the application

Salaman v. Warner

500

Judge is functus officio when the order is perfected.

Scott James v. Chebab

500

Order takes effect from the time it is pronounced in court.

Holtby v. Hodgeson

500

Budgted costs are not only to be reasonable and proportionate but also must

- keep the parties on equal footing

- save expense

Be proportionate to the value of the claim

- Take into account the complexity of the issue

- importance of the case and

- financial position of the parties

Kumar v. Sarim

500

Judicial Review is the process by which the Supreme Court ensures that lower courts and administrations act lawfully.


The court has an unfettered discretion to grant costs notwithstanding the general rule

Forbes v. AG


Sanatan v. AG