The appellants were successful in their appeal, which resulted in an order for a new trial before a different Deputy Judge.
They sought costs of the appeal in the amount of $7,266.21.
The respondent argued that costs should be in the cause of the action to be re-tried.
The court rejected the respondent's argument, finding that the respondent bore responsibility for the issue that necessitated the new trial by tendering an unsworn and unsigned letter as evidence.
Applying the principle of proportionality, the court fixed the costs of the appeal at $5,000 all-inclusive.
