Following a trial of two construction lien actions, the parties sought costs and pre-judgment interest.
The court rejected requests to pay costs from security posted for an expired lien.
The successful plaintiff, Senso, was awarded substantial indemnity costs of $120,000 against both defendants jointly and severally due to their pursuit of unmeritorious defences.
The partially successful plaintiff, TMAP, was awarded partial indemnity costs against one defendant.
The successful defendant, Finch, was awarded partial indemnity costs against TMAP and the co-defendant, but was denied costs for the time its self-represented principal spent on the trial due to a lack of evidence regarding lost opportunity costs.
Pre-judgment interest was awarded based on fluctuating rates as calculated by the plaintiffs.
