The applicant, having been successful in a prior application concerning solicitor's fees, sought costs on a full indemnity basis.
The respondent solicitor acknowledged the applicant's entitlement to costs but disputed the quantum, arguing the matter was uncomplicated and counsel's hours excessive.
The court agreed the matter was not complex and found the solicitor's interpretation of the retainer agreement regarding fees to be unconscionable.
Considering the principles of proportionality and that counsel's hours were somewhat excessive, the court awarded costs of $38,000 inclusive of disbursements and taxes on an elevated scale, to be paid by the respondent within 30 days.
