The appellant was successful on an appeal of a Master's refusal to allow amendments to a Statement of Claim and sought costs.
The court awarded costs to the appellant for both the motion before the Master and the appeal, totaling $15,405.75.
However, the respondent successfully argued that the costs order should be stayed because the appellant had two outstanding costs orders against him in other proceedings totaling over $330,000.
The court stayed the costs order until the appellant paid the outstanding costs orders, noting that a party cannot seek the court's assistance while refusing to respect its previous orders.
