The Parties asked the Court for directions on Costs flowing from their Appeal. The Appellant was successful in reducing the damage Award by 26% and was thus entitled to some Costs.

However, the Appellant’s Extracts of Key Evidence included 1,298 pages of documents and contained “the entire trial record, including for example, copies in colour of every purchase order”. The Court held that Rule 14.27 provides for Extracts of Key Evidence to include only documents “needed to resolve the issues in the appeal”. It was inappropriate for counsel to “data dump” the entire Trial Court record on the Appeal Record.

Accordingly, the Court held that the Appellant was not entitled to recover any photocopying charges and disallowed the Appellant’s claim for 1,275 colour copies and 3,332 other copies.