Costs to be awarded in an Injunction application
There are two stages of application for injunction:
the ex-parte application; and
the inter-parte injunction
The ex-parte application is applied by the plaintiff without the presence of the defendant, and this is usually refer to the leave stage. Leave stage means plaintiff needs to show to the court that there is a case where the injunction order should be allowed to prevent the act of defendant, otherwise the plaintiff will suffer damages.
During the ex-parte stage, the cost for the application for injunction where the plaintiff who obtains the ex-parte injunction order, would usually be:
costs reserved;
costs in the cause
Costs reserved and costs in the cause
The term costs reserved means, the costs will be reserved to the winning party until the end of the civil proceedings, while the term “costs in the cause” means the costs will be part of the general costs expenses by the applying party who succeed in the application for ex parte injunction order. However, this costs in the cause may be paid by the defendant only if the plaintiff succeed in the substantive hearing and full trial.
If the defendant wins, it will become the defendant’s costs in the cause.
Cost in any events.
Costs in any event means, if the plaintiff success in the substantive application, the plaintiff is entitled to be paid the costs for the interlocutory application. It is the winning costs for the plaintiff if he wins in that particular application. Even if the defendant wins at the trial, but the plaintiff wins during the interlocutory application, the plaintiff is entitled to the costs in any events. vice versa, it goes the same with the defendant.
Conclusion
Conclusion, the winning party should always ask the court to grant a costs in any events to secure the costs incurred for that particular application.
