Following an appeal in which the respondents were largely successful, the respondents sought costs on a substantial indemnity basis and a premium.
The Court of Appeal held that the appellants' attacks on the trial judge's fact-finding process did not warrant substantial indemnity costs, nor did the financial risk run by appellate counsel warrant a premium.
Costs were awarded to the respondents on a partial indemnity basis, reduced by 5 percent to reflect the appellants' minor success on appeal.
