The appellant sought leave to appeal a Master's costs award that declined to award costs to either side, arguing an error in principle and seeking to introduce fresh evidence.
The respondent opposed.
The court denied leave to adduce fresh evidence, finding a lack of due diligence and that the evidence would not affect the outcome.
The court also denied leave to appeal the costs order, finding no error in principle or plain wrongness in the Master's decision that neither party fully prevailed.
The appellant was ordered to pay the respondent's costs for the appeal.
