Following a successful application concerning the disposition of funds held in trust, the court addressed the costs payable to a responding party that had been unsuccessful on the merits but was entitled to costs under the terms of the earlier order.
The party sought costs on a substantial indemnity basis or alternatively on a partial indemnity basis, while the opposing party argued that only partial indemnity costs were appropriate and challenged the hourly rates claimed.
The court held that substantial indemnity costs were not justified but accepted the reasonableness of the partial indemnity hourly rates claimed.
However, the total amount sought was considered higher than the reasonable expectations of the party exposed to the costs award.
The court therefore fixed an all-inclusive costs award on a reduced partial indemnity basis.
