Question 1 of 10

A claimant makes a successful application to court to adduce evidence from a further witness of fact. The hearing of the application lasted for an hour and at the end of the hearing the judge ordered that costs be in the case. Which of the following statements best describes the effect of the costs order made by the judge?

A. The party who eventually gets its costs at trial (usually the successful party) will recover its costs of this interim hearing from the other party. B. The decision about who pays the costs of the interim hearing of the defendant’s application is put off to a later occasion. C. The party in whose favour this order is made will recover the costs of the interim hearing from the other party regardless of who eventually wins at trial. D. If the defendant is awarded costs at trial, the claimant does not have to pay the defendant’s costs of bringing its application. E. If the claimant is successful and receives an order that it should be entitled to its costs at the end of trial, it cannot include the costs of opposing the defendant’s application.