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The court awarded reduced costs to the respondent following a dismissed injunction, penalizing unreasonable hourly rates and unnecessary hearings.
This endorsement addresses costs following the dismissal of an urgent injunction application.
The court considered three hearings: the initial injunction application, a hearing regarding the respondent's breach of undertaking, and a hearing requested by the respondent to vary an interim order.
The injunction was dismissed due to the applicant's failure to provide an undertaking as to damages.
The court awarded costs to the respondent for the initial injunction hearing and for responding to the applicant's post-decision attempt to provide the undertaking, but denied costs for the hearings related to the undertaking breach and the failed attempt to vary the interim order, finding them unnecessary.
The court also assessed the reasonableness of the respondent's claimed legal hours and hourly rates.
Interlocutory injunction to prevent software deactivation dismissed due to applicant's failure to provide damages undertaking.
The applicant, Cash Cloud Inc., sought an urgent interlocutory injunction to restrain the respondent, BitAccess Inc., from terminating a Master Purchase Agreement, deactivating cloud-based software used for cryptocurrency kiosks, and deleting customer data.
The court found it had jurisdiction to grant interim relief despite a mandatory arbitration clause.
The court granted a 60-day order preserving the customer data to allow the applicant to download it.
However, the court dismissed the injunction to restrain the software deactivation because the applicant failed to provide the mandatory undertaking as to damages required by Rule 40.03 of the Rules of Civil Procedure.
