This decision addresses the costs of a complex motion concerning the interpretation of an interim preservation order's "usual and ordinary course of business" term.
The applicant sought partial recovery costs of approximately $105,000, while the respondents proposed $25,000.
The court awarded the applicant $98,000, finding them overwhelmingly successful on the key issues.
The court emphasized proportionality, the complexity and high stakes of the litigation, and the respondents' conduct, including significant delays, late affidavit delivery, and a "scorched earth policy," which unnecessarily increased costs.
