Following trial, the court determined costs relating to both the main action for unpaid invoices and the defendant’s counterclaim alleging damages relating to contaminated feed.
The plaintiff obtained judgment on the main action and successfully defended the counterclaim.
The court applied the principles governing costs under Rules 49 and 57 of the Rules of Civil Procedure, emphasizing proportionality, reasonableness, and the expectation of the losing party.
Substantial indemnity costs were awarded for the main action due to a valid Rule 49 offer to settle, while partial indemnity costs were awarded for defending the counterclaim because no reprehensible conduct justified elevated costs.
The court reduced certain expert disbursements and fees as excessive or unnecessary before fixing total costs.
