Following a wrongful dismissal trial where the plaintiff was awarded approximately $150,000 in damages, the court determined the costs of the action.
The plaintiff sought over $600,000 on a substantial indemnity basis, while the corporate defendants argued no costs should be awarded due to proportionality and settlement offers.
The court awarded the plaintiff partial indemnity costs of $424,584.33, finding that the defendants' 'hardball' litigation tactics and pursuit of a baseless after-acquired cause defence unnecessarily prolonged the trial.
The court also denied costs to the successful individual defendant, finding her conduct was the fundamental reason the trial was necessary.
