The battle without the war – recovering costs in interlocutory matters not litigated to finality

Considering costs issues early in the process of seeking injunctive relief can facilitate more efficient recovery.

There are many circumstances in which an applicant seeks urgent injunctive relief on an interlocutory basis but the matter does not progress to a final hearing or determination, either because the parties have been able to resolve the matter or events unfold such that to continue the action is fruitless.

This means the question of the costs of the application, which may be substantial, remain to be resolved.

There are several options for quantifying and recovering those costs, which should be considered when weighing up whether to bring to any application.

Reserved costs and costs in the cause