Following the dismissal of the plaintiff's motion for summary judgment, the parties made written submissions on costs.
The defendant sought substantial indemnity costs of $40,985.14 under Rule 20.06, arguing the plaintiff acted unreasonably by pursuing a partial summary judgment contrary to appellate authority.
The plaintiff argued for costs in the cause or on a partial indemnity basis, and claimed costs thrown away for a prior adjournment.
The court found the motion was unnecessary and contrary to the principles of proportionality, but noted that some of the preparatory work would be useful for the main action.
The court awarded the defendant fixed costs of $15,000, payable at the conclusion of the action.