The appellant settled and abandoned its appeal on liability and damages, proceeding only on the issues of costs and pre-judgment interest against two respondents.
The Court of Appeal refused leave to appeal the trial judge's costs decisions, finding no error in principle in declining to award costs of the first trial or substantial indemnity costs of the second trial.
However, the Court allowed the appeal regarding pre-judgment interest, which had been inadvertently omitted below, awarding interest at 4 percent from the date of conversion.
