Gani v Maiolo (No 2)

The respondents, the executors of the estate of the late Mr Maiolo, sought costs against the appellant, Mr Gani, after he lost a prior proceeding against them. The prior proceeding was in relation to a property dispute. The court had to decide whether the respondents were entitled to costs and, if so, the appropriate amount. The court considered the nature of the proceeding, the conduct of the parties, and the outcome of the case. It found that the proceeding was complex and contentious, and that the appellant's conduct was unreasonable. The court ordered that the respondents were entitled to costs, but that the amount should be reduced due to the appellant's limited financial resources. The court also ordered that the costs be costs in the cause. This means that the appellant would be responsible for paying the respondents' costs, regardless of who ultimately pays them.