Defendant's motion for elevated costs and costs against counsel personally dismissed; costs awarded under Tariff B.
Following the dismissal of the Plaintiff's trademark and copyright infringement action for delay, the Defendant moved for elevated costs, including costs against the Plaintiff's counsel personally under Rule 404.
The Federal Court declined to award costs against counsel personally, finding the conduct did not meet the high threshold.
The Court also rejected the request for a lump sum award as the Defendant failed to provide sufficient evidence of fees incurred.
Costs were fixed at the mid point of Column IV of Tariff B.
