Background:
The plaintiffs alleged that Gilead's pharmaceutical products caused harm and sought to certify a class action to represent others affected. The dispute centered on whether the class action should be certified and whether the plaintiffs' claims should be dismissed before certification.

Legal Issues:
The court considered three key applications:

1. The plaintiffs' application for class action certification.
2. The plaintiffs' request for leave to file a late affidavit.
3. Gilead's application to dismiss the plaintiffs' claims, which included a Rule 9-5 motion to strike the claims and a Rule 9-6 motion for summary judgment.

Court’s Findings:

• The court allowed the plaintiffs' class action certification and their late affidavit submission.
• Gilead's application to dismiss the claims was denied.

Costs Awarded:

• The court applied ordinary costs principles, awarding the plaintiffs costs "in the cause" for successfully opposing Gilead’s dismissal application, assessed at Scale B.
• No costs were awarded regarding the certification application or the affidavit submission.

Conclusion:
The plaintiffs successfully secured class action certification and defeated Gilead’s dismissal attempt, resulting in a cost award in their favor for the dismissal application. No costs were awarded for the other applications.