You seem to be suggesting that either the case will be found so frivolous that the defendants will be able to recover costs, or the plaintiff so deserving that it is fair that the defendants will not be able to recover costs. Would but that were so. In reality, there is a massive excluded middle in which the defendants get undeservedly shafted.
I am sorry if it appeared to you that I was misquoting. I didn’t mean the quote marks to suggest a direct quote, but rather to suggest I was using a common phrase or cliche, which I thought represented the breezy way in which you suggested the case could be disposed of. I don’t know how summary judgment works where you are, but around here in a multiparty dispute with several factual angles, they are a lot of work.
Real work in the sense of work costing significant fees as opposed to trivial amounts of work not costing significant fees.