(1) If it appears to the court that a party who applied for judgment under this division was or ought reasonably to have been aware that a respondent to the application relied on a point that would entitle that party to have the application dismissed, the court may dismiss the application and order costs to be paid on an indemnity basis.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
(2) This rule does not limit the court's powers in relation to costs.