2 total
Costs awarded to respondents after appellant abandoned appeal and mooted security for costs motion.
The appellant abandoned his appeal after the respondents filed responding materials and brought a motion for security for costs.
The respondents sought costs of the appeal and the moot security motion.
The appellant requested that no costs be ordered, citing personal circumstances.
The Court of Appeal declined to exercise any discretion to order no costs, noting the appellant had put the respondents to expense and had substantial unpaid costs orders.
The court awarded costs of $20,000 to the Aziz respondents and $15,000 to the Mallot Creek respondents.
Summary judgment Motion granted
The Plaintiff brought a motion under Rule 39.03 to examine witnesses for the Defendants' pending motion to strike his pleadings.
The Defendants argued that motions to strike, particularly under Rule 21.01(1)(b), do not permit the admission of evidence.
The court dismissed the Plaintiff's motion, affirming that evidence is inadmissible on motions to strike pleadings and that the Plaintiff's attempt was an improper fishing expedition to convert the motion into a summary judgment hearing.
