Carmen M. Bush

The Court of Appeal released an addendum on costs following an appeal.

The court found that costs should be awarded on a partial indemnity basis, but determined that the amounts sought by the respondents were excessive.

Costs were fixed at $17,500 for the main group of respondents and $10,000 for the respondent Hemming.

The appellant appealed a trial judgment dismissing its claim of conspiracy.

The Court of Appeal found that the trial judge's conclusion was available on the record despite gaps and contradictions in the evidence.

The Court declined to entertain new arguments regarding the Fraudulent Conveyances Act and the Assignment and Preferences Act, as they were raised for the first time on appeal and lacked the trial judge's review.

The appeal was dismissed with costs.