42.34   Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court

(1)  This rule applies if:

(a)  in proceedings in the Supreme Court, other than defamation proceedings, a plaintiff has obtained a judgment against the defendant or, if more than one defendant, against all the defendants, in an amount of less than $500,000, and

(b)  the plaintiff would, apart from this rule, be entitled to an order for costs against the defendant or defendants.

(2)  An order for costs may be made, but will not ordinarily be made, unless the Supreme Court is satisfied the commencement and continuation of the proceedings in the Supreme Court, rather than the District Court, was warranted.