The Applicant, a prison inmate, was unsuccessful in his Habeas Corpus Application. Shelley J. noted that making meritless Habeas Corpus Applications was both an abuse of limited Court resources pursuant to Rule 1.2 and an abuse of the Habeas Corpus remedy. Justice Shelley held that the Court has a broad discretion to order Costs under Rule 10.31. Pursuant to Rule 10.33, this discretion is influenced by the character of the Action, success of the parties, and the conduct of those involved.

The Applicant was entirely unsuccessful in his Application. Justice Shelley stated that Rule 10.29(1) presumptively grants Costs to the successful party in a civil Action. The aggravating circumstances in this Application warranted an elevated costs award against the Applicant pursuant to Rule 10.31. The Court ordered that the Applicant pay $2,000 in Costs.