In Pathway Resourcing Ltd and another v Kaul – Butterworths Law Direct 17.10.08 the Chancery court held that where the Defendant sought to have the Claimants’ action struck out in circumstances where the substantive issues between the parties had been settled and only the issue of costs remained, the issue of costs ought to be allowed to proceed to trial where the question of which party had been correct on the underlying issue could properly be determined.