Following the dismissal of a motion effectively seeking partial summary judgment, the court determined the appropriate costs award.
The responding party sought costs on a substantial indemnity basis under Rule 20.06 of the Rules of Civil Procedure, alleging unreasonable conduct in bringing the motion.
The court found the motion was not brought in bad faith or for delay, but that costs should follow the event on a partial indemnity scale.
Applying the reasonableness principles from appellate authority on costs, the court reduced the amount claimed due to excessive research time and fixed costs at a reasonable amount.
