On the basis of these rules, it is important to note the following: that sum retained or recovered to account for the expenses may not be the actual expenses incurred but only what the court considers to be a just sum having regard to all the circumstances of the case. Note also that the sum awarded cannot exceed the amount of the actual expenses incurred. Furthermore, if nothing was paid or payable before the frustrating event, the party will not be able to get any expenses at all.