Description
Application for Non-Party Costs Should be Dealt With by Trial Judge: Andrew Smith J. held that the trial judge should hear an application for a non-party costs order unless there were compelling reasons for him not to do so. This was so even though the judge had expressed a view about the conduct of the non-party. It had not been wrong of the judge to raise the possibility of an application for a non-party costs order. Even if the judge had erred in doing so, a fair minded and informed observer would not have concluded that he would be biased in determining the application.
