The applicant College sought costs following its successful motion and application for permanent injunctive relief against the respondents, who were restrained from holding themselves out as regulators or qualified practitioners of traditional Chinese medicine.
The respondents argued they were advancing a public interest constitutional challenge and lacked the ability to pay.
The court found the respondents were attempting to re-litigate issues already decided against them in a previous Divisional Court proceeding, making public interest costs protection inapplicable.
Applying the principles of proportionality and fairness, the court fixed costs payable to the applicant at $75,000, reduced from the $161,066.96 claimed.
