The Courts will then take into account, when awarding costs and damages, whether either party in a dispute has chosen not to use the arbitration service.

The trial court delivered judgment on 4 February 2010, dismissing the application and awarding costs to iiNet.

Section 51 of the Supreme Court Act 1981 gives the court wide discretion in awarding costs and non-parties are not immune.

The court had that the LCC does not regard itself as bound to follow the usual approach of the superior courts in awarding costs.

In addition, the fact that the Act authorized a GAO study of the effect of awarding costs does not change the actual wording of the Act, which does not so award them.

Awarding costs against the Daily Mail, Justice Eady said that Ivereigh had achieved an "unqualified victory" against the newspaper's "intransigence", and had done so "in light of the sneering, belittling of his personality and his character made by the defendant".