Claim to set aside a transfer of leasehold property to a third
party company on the grounds that the transferor was not a bona fide purchaser
and that the transfer had been effected in order to defeat the judgment and
orders in a previous action and the claimants rights thereunder. The claim was
discontinued following a successful appeal of the previous order. Appeared on behalf of
claimant on application for permission to discontinue raised an issue as to
whether the discontinuing party should pay the costs in the light of the
defendant's pre-action conduct and whether there were "exceptional
circumstances". The circumstances were held not to be sufficient to justify
displacement of the usual rule.
