This was a costs endorsement following a civil appeal in which one appellant was fully successful and another reduced its liability to 20 percent of the plaintiffs’ damages.
The court applied the usual rule that costs follow the event, awarded the successful appellant its assessed trial costs against the plaintiffs, and upheld the trial judge’s costs award against the partially successful appellant despite the modest damages award and absence of a Rule 49 offer.
The court declined to make either a Bullock or Sanderson order.
Both appellants were awarded their party-and-party costs of the appeal.
