This supplementary endorsement addresses the costs of an unsuccessful motion for leave to appeal brought by the plaintiff.
The defendants, having been entirely successful, were presumptively entitled to costs on a partial indemnity basis.
The court found the amounts claimed by the defendants' counsel to be excessive for a straightforward leave to appeal motion heard in writing, particularly the time allocated for legal research and drafting.
The court significantly reduced the claimed costs, setting a cap for fees on such motions, and awarded specific amounts to each defendant group.
