The appellants appealed a trial judgment awarding them nominal damages for breach of contract in the purchase of an audiology practice, and a costs order of over $1 million made personally against the non-party principals of the corporate appellant.
The Divisional Court dismissed the appeal of the trial judgment, finding no reasonable apprehension of bias by the trial judge and no error in his conclusion that damages could not be quantified.
However, the court allowed the appeal of the costs order, holding that under binding appellate authority, the court lacks jurisdiction to order costs against non-parties except where a 'man of straw' is put forward, which was not the case here.
The costs order was varied to be payable only by the corporate appellant.
