The appellants appealed a decision of the Superior Court of Justice dismissing their application and sought leave to appeal a costs order.
The Court of Appeal found that the application judge correctly identified and applied the applicable legal principles, and that section 6.2 of the Shared Property Agreement was enforceable.
The court upheld the costs order, finding that the respondents were entitled to indemnification of legal costs from the Common Fund under sections 3.7 and 11 of the Shared Property Agreement.
The appeal was dismissed and leave to appeal the costs order was refused.
The respondents were awarded costs on a substantial indemnity basis to be assessed.
