This was a costs endorsement following a successful motion for an interlocutory injunction.
The plaintiff sought substantial indemnity costs of $155,295.40, while the defendants argued costs should be in the cause because the interlocutory order did not determine the ultimate merits.
The court held that the defendants' conduct was not so egregious as to justify elevated costs and emphasized that the enforceability of the non-competition clause and the existence of damage remained to be tried.
Costs were awarded to the plaintiff in the cause in the amount of $75,000.
