Tanya Rocca

Following a summary judgment motion resolved by agreement, the applicant sought costs against the respondent Figueira.

The court held that the applicant was entitled to full indemnity costs based on the clear wording of a promissory note signed by the respondent, which provided for 'all costs of the collection'.

The court apportioned the total costs claimed among the three respondents and awarded the applicant $39,500 in full indemnity costs against Figueira.

The appellant appealed an order recognizing a foreign default judgment, arguing that the English process denied him natural justice through the registration of the default judgment, refusal to set it aside, denial of an adjournment, and absence of reasons for a costs order.

The Court of Appeal dismissed the appeal, finding that the appellant had ample opportunity to be heard had he complied with the English rules of court, and that the denial of an adjournment was an exercise of judicial discretion.

The court awarded costs to the respondent on a partial indemnity basis.