This decision addresses costs arising from multiple motions in two related commercial actions involving contractual disputes and counterclaims between corporate parties.
The court evaluated costs under Rules 1.04(1.1) and 57 of the Rules of Civil Procedure, considering proportionality, complexity, success on the motions, counsel time and rates, and litigation conduct.
One party had obtained judgment without trial in the first action and succeeded on several motions, while the opposing party succeeded on certain procedural motions and defeated a motion to dismiss the second action based on a forum selection clause.
The court declined to award substantial indemnity costs and instead allocated partial indemnity costs reflecting divided success.
Specific cost awards were made payable between the parties depending on the particular motions and outcomes.
