Following dismissal of a civil action for delay at a status hearing, several defendants sought partial indemnity costs.
The court assessed the reasonableness of the amounts claimed under Rules 57.01 and 57.07 of the Rules of Civil Procedure and the factors governing proportionality and reasonable expectations.
The court found that the plaintiff’s reliance on extraneous affidavit evidence unnecessarily complicated the hearing and increased costs, and that the proceeding itself arose from the plaintiff’s dilatory conduct.
While the hourly rates generally complied with the applicable practice direction, the total amount sought by one defendant was considered excessive for a half‑day motion-like hearing.
The court reduced certain claimed amounts and fixed costs payable to the successful defendants.
