Eliot Che

Following the dismissal of Iran's motions to set aside default judgments and a Mareva injunction, the plaintiffs sought costs.

Iran argued it was immune from costs orders under the State Immunity Act and the Justice for Victims of Terrorism Act.

The court held that Iran was not immune from costs and awarded the plaintiffs costs on a partial indemnity basis, finding the claimed amounts reasonable given the complexity and high stakes of the proceedings.

The court issued a costs endorsement following a previous decision that dismissed part of the applicant's application and converted the balance into an action.

The respondent sought 83% of its partial indemnity costs, arguing it was substantially successful on the dismissed issue.

The applicant argued costs should be reserved to the trial judge.

The court awarded the respondent $65,000 in costs for the dismissed issue, finding the applicant's changing case theory unnecessarily increased costs, and reserved the remaining costs to the trial judge.