Extract to table

Eklund submitted that KMH made a tactical decision at the time — presumably because it calculated that proceeding without an adjournment was more advantageous — and it must live with the consequences of that decision

The judge ordered as follows: (a) KMH shall pay TSL's costs of and incidental to the application on the indemnity basis, to be the subject of a detailed assessment if not agreed

(b) KMH shall make a payment on account of TSL's costs within 28 days of the date of the order