Following the dismissal of the plaintiff's motion for an interlocutory injunction, the defendants sought costs of over $100,000 payable forthwith.
The court noted the general rule that an unsuccessful party on an injunction motion typically pays costs forthwith, but found this to be an exceptional case.
The court found the defendant accountant's evidence regarding his involvement in the allegedly fraudulent transaction to be highly questionable and contrary to normal business practices.
Consequently, the court fixed costs at $85,000 on a partial indemnity basis but ordered them to be in the cause, leaving the ultimate burden of costs to be determined at trial.
