This endorsement addresses the entitlement to costs following a medical malpractice action where the plaintiff's claim was dismissed.
The parties had agreed on a quantum of $300,000 for costs.
The court found that the defendant, as the successful party, was ordinarily entitled to costs.
The plaintiff's arguments for denying costs, including the defendant's failure to make a settlement offer, alleged divided success on causation and contributory negligence, and the plaintiff's impecuniosity and tragic circumstances, were rejected.
The court emphasized that the defendant's explicit undertaking not to demand costs alleviated concerns regarding hardship, allowing the ordinary rule that costs follow the event to apply.
The court reserved the right to revisit the disposition if the defendant were to seek enforcement of the costs order.