The plaintiff successfully brought a motion to enforce a settlement agreement after the defendants resiled from it due to 'buyer's remorse'.
The plaintiff sought costs of the motion on a substantial indemnity basis.
The court reviewed the factors under Rule 57.01(1) of the Rules of Civil Procedure, noting the defendants' conduct unnecessarily lengthened the proceeding and the motion was entirely unnecessary but for their actions.
The court awarded the plaintiff costs fixed at $21,260.74, representing full indemnity.
