The applicants, former volunteer board members of a charity, were unsuccessful in their application to set aside an election.
The respondents sought substantial indemnity costs of nearly $100,000, including costs against the applicants' solicitor personally.
The court rejected the argument that the applicants' volunteer status immunized them from costs, but found the respondents' pre-litigation conduct warranted a reduction.
Costs were fixed on a partial indemnity scale at $30,000 plus disbursements, and the issue of the solicitor's personal liability was reserved.
