The Applicant, Al-Ghamdi unsuccessfully sought to restore his struck Appeal (the “Leave Application”). The Court of Appeal did not make an express direction with respect to Costs in the Leave Application. The successful Respondents drafted a form of Order which included an award for a single set of Costs and provided it to the Applicant. The Applicant objected to the form of Order, and the Respondents sought the Court’s direction to settle the terms of the Order.

Schutz J.A. held that, in the circumstances there was no reason to depart from Rule 14.88, which mandates that the successful party in an Application before the Court of Appeal is entitled to Costs as against the unsuccessful party. Schutz J.A. reviewed the form of Order drafted by the Respondents and held that it was appropriate. An award of single Costs in favour of the Respondents was therefore approved.