Following the dismissal of the plaintiff’s action on summary judgment, the successful defendant sought costs on a partial indemnity basis.
The plaintiff argued the claimed amount was excessive and requested that no costs be ordered, asserting the dispute could have been avoided if the defendant had obtained a current appraisal when the property was sold.
The court held that the core issue had already been litigated and decided against the plaintiff in earlier injunction proceedings and that the plaintiff chose to re-litigate it.
Applying the factors under Rule 57 of the Rules of Civil Procedure, the court found the requested partial indemnity costs reasonable.
Costs were awarded to the defendant in the amount claimed.
