Steven S. Hong

The appellants appealed a trial judgment dismissing their claim for repayment of money transferred to the respondents over a period of years.

The appellants alleged the transfers were loans and investments, including a $100,000 investment in real estate that appreciated significantly.

The respondents contended the transfers were payments for room and board and other expenses for the appellants' daughter.

The trial judge dismissed all claims and ordered costs against the appellants.

The Court of Appeal upheld the trial judgment, finding no reversible error in the trial judge's treatment of evidence, her dismissal of the unjust enrichment claim, or her application of the Limitations Act.

This endorsement addresses the issue of costs following the dismissal of the plaintiffs' action for breach of contract, unjust enrichment, fraud, and fraudulent misrepresentation.

The defendants, as the successful party, sought partial and substantial indemnity costs.

The plaintiffs argued for no costs, asserting divided success and impecuniosity.

The court found the defendants were entirely successful, rejected the plaintiffs' arguments regarding divided success and impecuniosity, and awarded partial indemnity costs to the defendants, totaling $177,123.68.