Mathew v Millington

In the matter of Mathew v Millington, the appellants sought an order that the respondent pay the costs of the appeal limited to the filing fee, following their success in the appeal. The court was required to determine whether it was in the interests of justice to require the respondent to pay the appellants' costs. The dispute arose from a decision of the tribunal, which was appealed by the appellants. The appeal was successful, and the appellants sought to limit their costs to the filing fee. The court had to consider whether the circumstances of the case warranted such a limitation on costs.

The court considered the nature of the appeal and the conduct of the parties. It found that the appeal was not of a kind that warranted limiting the costs to the filing fee. The court held that the appellants' success in the appeal did not automatically entitle them to have their costs limited in this way. The court considered the conduct of the parties and the nature of the dispute, and found that it was not in the interests of justice to require the respondent to pay the appellants' costs limited to the filing fee. The court held that the respondent was not required to pay the appellants' costs.

Accordingly, the court dismissed the application for costs. The court found that the appellants were not entitled to have their costs limited to the filing fee, and that it was not in the interests of justice to require the respondent to pay such limited costs. The court held that the respondent was not liable to pay the appellants' costs, and dismissed the application accordingly. The appeal was therefore unsuccessful for the appellants in relation to the costs application.