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The court awarded full indemnity costs of $93,746.74 to the respondent after the applicants' application containing serious unproven allegations was dismissed for delay.
The Superior Court of Justice dismissed an application due to the applicants' failure to advance the matter.
This endorsement addresses the respondent's request for costs.
The court considered factors under Rule 57.01 of the Rules of Civil Procedure, including the result, complexity, importance of issues, and the applicants' conduct.
The court found the motion to dismiss was straightforward but the underlying application involved serious unproven allegations against the respondent.
Given the respondent's success and the nature of the allegations, the court awarded fixed costs to the respondent on a joint and several basis.
