The defendant successfully repelled the plaintiffs' motion for an interlocutory injunction and sought its costs of the motion payable forthwith.
The parties agreed to fix the quantum of costs at $150,000.
The court departed from the general rule that a successful defendant on an interlocutory injunction motion is presumptively entitled to costs payable forthwith, noting that the plaintiffs only sought a permanent injunction at trial and there were factual issues regarding the defendant's conduct.
The court fixed the costs at $150,000 but reserved the issue of entitlement to the trial judge.
