The moving party brought a motion under Rule 59.06 of the Rules of Civil Procedure to amend a previous order of the Court of Appeal.
The moving party sought to have an unpaid Superior Court costs order of $9,000 paid out of monies the responding party had previously paid into court as security for costs.
The Court of Appeal granted the motion, finding that the moving party's original intent in seeking security for costs included the costs of the underlying application, and awarded $2,000 in costs for the motion.
