The Applicant appealed the elevated costs that were awarded against him pursuant to Rule 10.33(2)(f) which refers to “a contravention or non-compliance with these rules or an order” and Rule 10.32(2)(g) which refers to “whether a party has engaged in misconduct”.

The Court dismissed the Appeal, finding that the Applicant did not establish that his proposed Appeal raised an important question of law or precedent or that there was a reasonable chance of demonstrating that there was an error of principle. The Court added that the costs award, while elevated, was reasonable in the circumstances for the reasons given to him by the Case Management Judge.

The Court awarded additional elevated costs pursuant to Rule 14.88 which provides that, unless otherwise ordered, the successful party in an Application before the Court of Appeal is entitled to Costs at the same scale as the Order appealed from.

The Court also directed that, pursuant to Rule 9.4(2)(c), the Applicant’s approval of the form of Order was not required, and that the Respondent’s counsel prepare the form of Order for Justice Strekaf to sign.