Following a civil trial, the court addressed the issue of costs where the plaintiff achieved only modest recovery exceeding the Small Claims Court jurisdiction.
The defendants had failed to fulfill settlement obligations, engaged in obstructionist conduct during the litigation, and contributed significantly to the continuation and length of the proceedings.
However, the court found the plaintiff’s litigation strategy unfocused and excessively costly, contributing to unnecessary complexity and expense.
Balancing these factors under the Rules of Civil Procedure, including Rule 57.05(1), the court exercised its discretion to award reduced costs rather than the full amount sought.
The defendants were ordered jointly and severally to pay a lump sum costs award.
