The applicants and respondent both sought costs following an application regarding the enforceability of a contingency fee agreement.
The applicants had abandoned part of their claim shortly before the hearing, conceding the agreement applied to the trial award, but succeeded in arguing it did not apply to the appeal award or settlement.
The court found there was divided success and that the applicants' abandonment of claims did not warrant a costs award against them, as the respondent's work contributed to the success on that portion.
Consequently, the court ordered no costs to either party.
