The underlying proceedings were dismissed on consent after 15 years.
The application judge initially indicated the respondent was entitled to costs and ordered written submissions on quantum.
After reviewing the submissions, which detailed the history of the litigation and the parties' conduct, the judge ordered no costs.
The appellant appealed, arguing procedural unfairness.
The Court of Appeal dismissed the appeal, finding that both parties had a fair opportunity to make broad submissions on costs and there was no basis to interfere with the judge's discretionary decision.
