AK v JJ

The Court determined Costs of an Appeal. As the successful party, the Respondents sought full indemnity costs or, alternatively, costs under Schedule C Column 3. The Appellant argued for costs under Schedule C Column 2 or no costs due to a public interest exception.

The Court applied Rule 10.29, which generally entitles the successful party to costs, and rejected the Appellant’s argument for a public interest exception. While the Court agreed that the Respondents were entitled to Costs, it found no basis for full indemnity costs and determined that Costs should be awarded under Column 1 of Schedule C. The final Costs awarded to the Respondents totaled $5,315.63, on a multiplier of 1.5 due to the Appellant's prior notice that the Appeal had a low probability of success.