Civil fraud
Following the service of two affidavits and the cross examination of our client, to which our client consented, the Bank made an application seeking to reverse the costs order so that it was not liable for our client’s costs of preparing the affidavits, and sought its costs of the cross-examinations arguing that our client had not complied sufficiently with the disclosure order. Despite the Bank’s application being successful in the most part, we successfully argued that our client should still be entitled to his costs of preparing his affidavits.