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The appellant failed to establish a compelling reason to depart from the established practice that appellants pay costs of an abandoned appeal because the purported settlement was inconsistent with the appellant's subsequent conduct advancing the appeal; accordingly the respondents are entitled to the costs of the appeal as assessed by the Registrar.
Source excerpt
En una apelación sobre la negativa de registrar un caveat, la Corte ordenó rehacer el recurso desde cero tras constatar defectos de servicio y de procedimiento.
The court dismissed Ms. Wu’s claim on summary trial, finding no genuine factual dispute and no basis to question the defendants’ good faith.
On a costs application after discontinuance, the court refused special costs but awarded increased costs on Scale B with a 1.5 multiplier.
The court ordered registration of a Form A transfer filed before later caveats and CPLs, discharged the caveats, and rejected equitable fraud and trial-list objections.
The court refused to decide a specific performance dispute summarily under Rule 9-7 because credibility conflicts and disputed authority required a conventional trial.
The court held that an application to register transfer of title filed before a caveat had priority, discharged the caveat, and directed registration to proceed.
The court struck the existing amended notice of civil claim, stayed the action, dismissed the original amendment application, and allowed further amendment efforts on different materials.
Competing real estate contracts led to specific performance for Singh and Ghuman, dismissal of third-party claims, and damages to be assessed in Sran’s action.
The court found no enforceable contract for the Harris Road easement, but granted registerable easements for both routes on proprietary estoppel.
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