The applicant sought a declaration of a right-of-way over the respondent's property for vehicle parking.
The parties settled the main issue via minutes of settlement, leaving only the matter of costs for the court to determine.
The applicant sought substantial costs, arguing full success and moderate complexity.
The respondent argued the application was unnecessary and could have been resolved amicably.
The court found no basis to award costs to the applicant, concluding the litigation was not complex or necessary, and that the applicant's claims of obstruction were unsubstantiated.
