Krongold v Thurin [No 2]

In the case of Krongold v Thurin [No 2], the parties were involved in a dispute concerning costs related to the referral of questions by the Trial Division to the Court of Appeal. The dispute involved Krongold’s application for an indemnity certificate under section 19 of the Appeal Costs Act 1998, and the Thurins' application for a certificate. The Court of Appeal was tasked with determining whether any such certificates should be granted, as well as the allocation of costs between the parties.

The court had to decide whether Krongold, despite being unsuccessful in its application for an indemnity certificate, should be granted such a certificate under section 19 of the Appeal Costs Act 1998. The court also had to determine the allocation of costs between the parties, considering that each party had enjoyed varying degrees of success in the proceedings. The court had to balance the costs orders against Krongold, the Thurins, and Swan Hardware, as well as determine whether any orders should be made disposing of Krongold’s proceeding.

The court found that Krongold was not entitled to an indemnity certificate under section 19 of the Appeal Costs Act 1998, as the court was not persuaded that it was appropriate to grant such a certificate in this case. The court concluded that Krongold pursued the issues in its own interests and was unsuccessful, and while section 19 provides for a certificate in favour of a moving party even in such circumstances, the court was not persuaded that it was appropriate in this case. The court also found that the Thurins’ application for a certificate was moot in light of the costs orders it would make against Krongold. The court ordered that Krongold pay the Thurins' costs of the referred questions, the Thurins pay Swan Hardware’s costs of the referred questions, and the Thurins pay one third of Casper’s costs of the referred questions. The court made no other order as to costs and did not make any order disposing of Krongold’s proceeding. Finally, the court did not grant Krongold an indemnity certificate under section 19(1) of the Appeal Costs Act 1998.