This was a Memorandum of Judgment regarding costs in an Appeal. The Respondents sought enhanced costs against the Appellant following her unsuccessful Appeal regarding the validity of their father’s will. The Respondents requested solicitor-and-own-client indemnity costs, citing litigation misconduct and rejected settlement offers.

Under Rule 14.88(1), the Court determined that the Appellant, as the unsuccessful party, was liable for costs. Solicitor-client costs, however, were deemed inappropriate as the Appellant’s conduct, though unsuccessful, did not rise to the level of reprehensible or outrageous.

The Court considered Schedule C, which provided for standard costs of $16,301.25 for each Respondent. Although the Respondents requested double costs of $32,602.50 each, the Court found that their positions and submissions were largely overlapping, reducing their total costs to $25,000 each, for a combined total of $50,000. This amount was in addition to unpaid costs of $16,301.29 from an earlier Appeal.