Following dismissal of a malicious prosecution action for delay and the subsequent dismissal of a motion to set aside the registrar’s order, the court addressed costs.
The responding police defendants sought partial indemnity costs and reduced their request due to the moving party’s limited financial means.
The moving party argued that costs should not be awarded on public policy and access to justice grounds, relying on authorities where unsuccessful litigants were spared costs to avoid discouraging public interest litigation.
The court distinguished those authorities because the action had not been adjudicated on its merits but had been dismissed for delay and failure to comply with procedural rules.
Costs were awarded in a reduced amount payable within six months.
