This costs endorsement addresses two applications for costs following a motion concerning a Mareva injunction, Certificate of Pending Litigation, and Norwich Orders.
The Plaintiff, Amphenol Canada Corp., sought costs against Chandra Devappa, Nandakumar Sundaram, and Sundev Technologies Inc. after Devappa unsuccessfully contested the continuation of the Mareva injunction.
MTech Ltd. sought substantial indemnity costs from Amphenol after successfully having the Mareva injunction set aside against it.
The court awarded Amphenol partial indemnity costs of $14,000 against Devappa, finding her contestation unreasonable given a prior settlement offer.
No costs were awarded against Sundaram and Sundev as they did not oppose the continuation motion.
The court awarded MTech partial indemnity costs of $16,000 from Amphenol, rejecting substantial indemnity as Amphenol's conduct in advancing the fraud claim against MTech was not deemed "reprehensible, scandalous or outrageous."
