The defendants sought costs on a substantial indemnity basis after successfully obtaining summary judgment dismissing the plaintiffs' action as statute-barred.
The plaintiffs argued their conduct was reasonable and that costs should be limited.
The court declined to award substantial indemnity costs, finding the plaintiffs' conduct did not warrant it and that the case raised an important legal question regarding limitation periods.
Costs were fixed at $20,000 payable by the plaintiffs to the defendants.
