Following a trial with divided success, the successful corporate plaintiff sought substantial costs and pre-judgment interest after recovering only $12,600 on a breach of fiduciary duty claim, while the individual plaintiff's claim was dismissed.
The court applied the Rule 57.01 factors, considered Rule 57.05(1) given the recovery was within Small Claims Court jurisdiction, rejected the argument that the abandoned counterclaim justified substantial indemnity costs, and reduced the claim in light of limited damages and improper docket entries.
Costs of $10,000 inclusive were awarded only to the successful corporate plaintiff.
Pre-judgment interest was fixed at the statutory default rate from October 31, 2010, with post-judgment interest to follow in the ordinary course.
