Following a judgment in favour of the plaintiff (HC) for breach of contract and dismissal of the defendant's (K) counterclaim, this decision addresses costs.
HC sought substantial indemnity costs, arguing its complete success, K's unmeritorious counterclaim, and K's conduct in protracting proceedings.
K contended the claimed costs were excessive and that HC had only mixed success.
The court found HC entirely successful and entitled to partial indemnity costs up to its first Rule 49 offer, and substantial indemnity thereafter.
The court drew an adverse inference against K for failing to provide its own bill of costs when challenging HC's quantum and made a minor adjustment for limited duplication of counsel.
