Following the dismissal of the plaintiff's action, the successful defendants sought costs on a substantial indemnity basis.
The court found that the plaintiff's conduct was not reprehensible and awarded costs on a partial indemnity basis.
The court reviewed the defendants' bills of costs, making reductions for excessive trial preparation time and for the defendants' failure to properly produce relevant documents before trial, which had necessitated a two-day adjournment.
Total costs of $784,276.99 were awarded to the defendants.