The appellant appealed a permanent injunction preventing him from interfering with a mutual driveway and sought leave to appeal the costs awarded.
The respondent moved to quash the appeals due to late filing.
The Court of Appeal quashed the appeal of the injunction order, finding it lacked merit as the appellant had installed a fixed, locked barrier on the driveway.
However, the court dismissed the motion to quash the costs appeal, granted leave to appeal costs, and reduced the motion judge's costs award by $3,000, finding the judge erred in treating a restatement of the claim as an offer to settle attracting substantial indemnity costs.
