Following a successful summary judgment motion for wrongful dismissal, the plaintiff sought costs on a substantial indemnity basis, relying on a Rule 49 offer to settle.
The court found the offer was too indeterminate to trigger costs consequences because the principal amount the defendant would have to pay was not fixed or determinable.
The court awarded the plaintiff costs on a partial indemnity basis, fixed at $31,000 all inclusive, and allowed the plaintiff's claim for pre- and post-judgment interest.
