Summary

ARBITRATION - interlocutory application by judgment debtors to set aside a judgment enforcing a foreign arbitral award that was granted ex parte - where award debtors in default of filing evidence and submissions - where no basis for judgment to be set aside - where interlocutory application is to be dismissed - whether costs of interlocutory application should be ordered on an indemnity basis - where judgment debtors reasonably required further time to investigate any basis to set aside judgment granted ex parte - where interlocutory application necessarily filed to obtain such time - where making the application without proper grounds to set aside the judgment therefore not unreasonable or “groundless” in the relevant sense - indemnity costs refused - costs of proceeding assessed on a lump sum basis.