Following a defamation judgment awarding general and aggravated damages, the plaintiffs sought substantial indemnity costs of $80,724.36.
The court applied the factors in rule 57.01(1) of the Rules of Civil Procedure and held the time claimed was excessive, the damages recovered were significantly lower than the amounts claimed, and the proceeding was a short uncontested trial by default.
The court gave very little weight to the plaintiffs' expert evidence and disallowed amounts for the expert report and an unexplained Westlaw disbursement.
Costs were fixed at $34,288 all-inclusive.