The respondent, having successfully defended an appeal of a Master's order compelling production of documents, sought costs of the appeal.
The respondent claimed up to $36,957.78 on a full indemnity basis, citing the appellants' delay tactics and a last-minute abandoned motion to adduce fresh evidence.
The appellants argued the claimed amounts were disproportionate.
The court agreed the appellants' conduct was problematic but elected to award costs on a partial indemnity scale, fixing the amount at $25,000.
