This is a costs endorsement following a proceeding where the applicants sought recovery of furniture and damages.
Success in the main application was divided: furniture was ordered returned, but no damages were awarded.
The applicants had also been largely unsuccessful on an earlier motion to file additional affidavits.
The court then assessed costs, considering offers to settle made by both parties.
The respondents' offer to return furniture and pay partial indemnity costs was deemed as favourable as the applicants' eventual outcome.
Applying Rule 49.10(2), the court determined that the applicants were entitled to costs up to the date of the respondents' offer, and the respondents were entitled to costs thereafter, including for the unsuccessful motion.
After reviewing detailed bills of costs, the court found the applicants were entitled to $8,636 and the respondents to $9,006.
Due to the small difference, no costs were ultimately payable by either party.
