Costs

An order for indemnity costs could only be made where there was “some conduct or some circumstance which takes the case out of the norm”. Further, when the principal witness and owner of the unsuccessful claimant sought to bolster the claimant’s speculative claim in an illegitimate way, his conduct was unreasonable to a high degree, and he inevitably laid the claimant open to the finding that the case had been pursued outside any acceptable norm.