This is a costs decision following a summary trial in which the plaintiff's action for 50 percent of the defendant's $301,000 casino jackpot winnings was dismissed.
The action was based on alleged breach of an oral contract, breach of trust, and unjust enrichment.
The defendant sought substantial indemnity costs of $79,750.65, while the plaintiff argued for a reduced award of $25,000.
The court awarded the defendant $40,773.84 in costs, considering factors including the nature of the dispute, the use of two counsel, conduct issues involving a witness, and the principle that costs awards should be fair and reasonable rather than blindly reflecting actual costs incurred.
