The applicant Trustee in Bankruptcy sought costs on a substantial indemnity basis after successfully holding the respondents liable for $16 million in transfers at undervalue.
The court found that the respondents engaged in reprehensible litigation conduct by failing to make financial disclosure and swearing to a fiction regarding the transfers.
The court rejected the argument of one respondent that she should pay a smaller portion, finding she acted in concert with her siblings.
The court fixed costs at $500,000 all-inclusive on a substantial indemnity basis, payable jointly and severally by all respondents.