The applicants abandoned their application for judicial review of the licensing process under the Public Accountancy Act shortly before the respondents' motion to quash was to be heard.
The respondents sought costs of the application and motion to quash.
The court determined that under the amended Rules of Civil Procedure, there is a presumption that costs should be fixed by the court rather than referred to assessment, unless the case is 'exceptional'.
Finding the case not exceptional, the court fixed costs on a partial indemnity scale, rejecting the respondents' request for substantial indemnity costs as there was no evidence of bad faith or abuse of process.
The respondents were awarded the full amount claimed on a partial indemnity basis.
