COST BITES 358: WHAT DOES THE COURT DO IF THE PARTIES HAVE COMPROMISED AN APPLICATION BUT CANNOT AGREE ON WHO SHOULD PAY THE COSTS?

There are occasions where the parties agree the terms of an application but cannot agree who should pay the costs - the court is asked to adjudicate.   There are difficulties for the judge in this situation.  In particular judges are not willing to "re-open" the merits of the application itself.  Th...