Morrison v Broadbent [No 2]

Morrison (the applicant) brought proceedings against Broadbent (the first respondent) and another (the second respondent) for damages relating to personal injuries. Morrison applied to extend the time to commence proceedings against Broadbent but not the second respondent. The application was successful as to Broadbent but not the second respondent. The second respondent sought an order for costs against Morrison. The court was required to determine whether Morrison should be ordered to pay the second respondent’s costs.

The court considered whether it was just and equitable to order Morrison to pay the second respondent’s costs. The court noted that the application for an extension of time was separate from the merits of the case. It was sufficient that the application was brought honestly and with a reasonable prospect of success. The court was not persuaded that it was just and equitable to order Morrison to pay the second respondent’s costs. However, the court considered the circumstances of the case and found that it was appropriate to order Morrison to pay the second respondent’s costs. The court ordered Morrison to pay the second respondent’s costs of and incidental to the application to be assessed on a standard basis.