Following a nine-day trial where the defendants to the counterclaim successfully defended against allegations of exacerbating flooding on the plaintiffs to the counterclaim's property, the successful parties sought costs.
The court found that the plaintiffs to the counterclaim had unreasonably protracted the litigation and failed to accept a formal offer to settle.
Applying Rule 49, the court awarded the successful parties their costs on a partial indemnity basis up to the date of the offer and on a substantial indemnity basis thereafter, totaling $269,025.59.
