Christopher C. Sorley

This endorsement addresses the costs of a successful motion brought by the Applicant for interim fees and disbursements.

The Applicant sought $23,047.34 in costs, while the Respondent argued for a maximum of $6,600.

The court found both parties engaged in unreasonable litigation conduct.

The Applicant's conduct included serving an overly lengthy motion and attempting to use counsel's own affidavit, leading to costs thrown away.

The Respondent's conduct involved inconsistent evidence.

After disallowing certain time entries and considering the unreasonable conduct of both parties, the court reduced the Applicant's claimed costs and awarded $7,500 to the Applicant, payable by the Respondent.

The respondent sought leave to appeal an order requiring him to pay the applicant's interim legal fees and disbursements of $60,000.

The court applied the two-part test for leave to appeal under Rule 62.02(4) of the Rules of Civil Procedure.

The court found no conflicting decision making leave desirable and no good reason to doubt the correctness of the original order, which had carefully reviewed the merits and hardship.

The respondent's motion for leave to appeal was dismissed.