The appellant's application for permission to reopen the final appeal under RDC 44.179 is dismissed. The court can review further submissions from the parties on the issue of costs under para 131 of the judgement of the appeal court dated 18 August 2016. Para 131 of the same judgement is varied as follows:

(a) The appellant shall pay the second respondent's costs, excluding any settlement costs for any matters that were dealt with or the subject of the settlement agreement between the appellant and the second respondent dated 14 October 2015.

(b) The second respondent shall bear its own costs incurred in relation to its cross-appeal against the first respondent.

(c) The second respondent shall bear the first respondent's costs incurred after 25 November 2015.

Issued by Nassir Alnasser, Judicial Officer.