Clarke v HERRICK

In *Clarke v Herrick*, the applicant sought orders for costs and disbursements following the dismissal of their case. The matter came before Judge Street.

The central legal issue before the Court was whether to exercise its discretion to make an order for costs and disbursements in favour of the respondent, given that the applicant's case had been dismissed.

Judge Street considered the discretion to award costs. The Court noted that the discretion to award costs is broad and is to be exercised judicially, having regard to all relevant circumstances. In this instance, the Court found no reason to depart from the usual order that costs follow the event. The applicant's case had been dismissed, and the respondent had been successful in defending the proceedings.

Accordingly, the Court ordered that the applicant pay the respondent's costs and disbursements.