With regards to Justice Moir’s decision on costs in Fraser et al v. Westminer et al (supra), I concluded that he was not so much concerned with the fact that the defendants relitigated the issue of their conduct (which, at paragraph 6, he says he did not preclude them from doing) but he was concerned that they relitigated the issue and lost again. In other words, it turned out to be a waste of time.
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