COST BITES 401: COURT OF APPEAL OVERTURNS TRIAL JUDGE’S DECISION ON COSTS: THE COMPLICATIONS THAT OCCUR WHEN A COURT IS ASKED TO TAKE DISHONESTY INTO ACCOUNT WHEN MAKING AN AWARD OF COSTS…

Here the Court of Appeal grappled with some interesting issues when it overturned a trial judge's decision to make no order for costs.   The Court of Appeal stated that although the judge had been critical of the conduct of the "successful" parties this conduct should not have led to a total disallo...