Following a trial regarding the closure of a church and distribution of its assets, the court determined the distribution of funds held in court to selected charities and assessed costs.
The court awarded the respondents substantial indemnity costs of $60,000 due to the reprehensible conduct of one of the applicants, who was found in breach of trust.
The court ordered $20,000 of the costs to be paid from the funds held in court, with the remaining $40,000 apportioned between the applicants, holding the primary litigator responsible for the substantial indemnity portion.