The High Court has reserved the costs of a stay application in Vodafone Ireland Limited’s proceedings against Rigney Dolphin Limited to the judge who ultimately hears the case.
In a ruling delivered on 18 December 2020, Mr Justice Mark Sanfey said the defendant had obtained the stay it sought, but was not “entirely successful” in the sense relevant to the costs decision. He ordered that the application’s costs be reserved to the trial judge.
The ruling followed an earlier judgment on 30 October 2020, which granted a stay pending determination of separate proceedings, Richard Wilson v Vodafone Ireland Ltd. The defendant was also directed to deliver its defence within three weeks of that ruling. The stay would then apply to further conduct of the case until the Wilson proceedings were determined by the High Court or on appeal, or until further order.
After inviting written submissions on the final orders, the judge considered the parties’ competing positions on costs. Rigney Dolphin sought its costs, arguing it had succeeded and that costs should normally follow the event. Vodafone argued that costs should be reserved to the trial, saying the defendant had not secured an immediate stay and that the underlying proceedings would still need to be determined.
Mr Justice Sanfey said an application for a stay required the court to exercise its discretion; the defendant’s request for Vodafone’s agreement did not concern a procedural step Vodafone was bound to take. Vodafone was entitled to explain why it believed its case should continue, even though the judge had ultimately preferred the defendant’s position on the stay.
The judge said Vodafone should not be penalised for opposing the application where it was not alleged to be in default of any pleadings and wished to proceed with its case. He made no further order at this stage beyond reserving the application costs and the substantive order made in the earlier judgment.