The respondent sought substantial indemnity costs from the applicant following a consolidated application concerning beneficial ownership of a property, arguing he was the more successful party.
The applicant contended that both parties equally succeeded and lost, as neither established sole ownership and both were awarded an equal interest in the property, with no payments owed between them.
The court found that success was equally divided, as both parties failed in their symmetrical claims for sole ownership and related payments.
Consequently, the court ordered each party to bear their own costs of the consolidated application, and also declined to award costs for the costs submissions.
