SHOULD THE DEFENDANT BE ORDERED TO PAY THE CLAIMANT’S COSTS WHEN IT RAN AN UNSUCCESSFUL ARGUMENT AS TO FUNDAMENTAL DISHONESTY? A HIGH COURT DECISION

There has been much debate recently about whether assertions of fundamental dishonesty have been made too readily.  This case makes it clear that there may be costs consequences for those who run such arguments but who do not succeed.  This case establishes that running an unsuccessful argument can ...