The appellants abandoned their appeal on the eve of the hearing.
The decision addresses the issue of costs arising from the abandoned appeal.
The appellants argued against a costs award, citing an offer to settle.
The respondents, specifically the Estate of YYY and XXX, sought costs on a full or substantial indemnity basis, alleging the appeal constituted an abuse of process.
The court rejected both arguments, finding the offer to settle did not preclude a costs award and that the appeal, despite its procedural history, was not an abuse of process.
The respondents Estate of YYY and XXX were awarded $30,000 in all-inclusive costs from the appellants.