Cases

Matadeen v Associated Newspapers Ltd

Issue

(1) Whether the application was one that should be made to a Judge not a Master; (2) whether the Defendant had the onus of proving that the Claimant would be unable to meet an Order for costs if the Defendant succeeded; (3) whether it was necessary for the Defendant to prove extravagance in the Claimant’s conduct of the action; (4) whether the need for vindication precluded the Court adopting a generous view towards the incurring of costs by a Claimant; (5) whether the jurisdiction should be reserved only to exceptional cases.

Also