Following a summary judgment awarding modest damages for defamation, the plaintiffs sought costs of $35,870.58.
The defendants argued no costs should be awarded under Rule 57.05 because the recovery was within the Small Claims Court limit.
The court held that defamation actions involve more than monetary damages and declined to deprive the plaintiffs of costs, particularly given their prior offers to settle.
Applying the principle of proportionality, the court awarded the plaintiffs $10,000 in costs.
