Following the dismissal of the plaintiff's motion for an injunction, the parties were unable to agree on costs.
The defendants sought substantial indemnity costs of $35,000, citing the plaintiff's uncooperative conduct and failure to produce affiants for cross-examination despite a court-ordered timetable.
The court awarded the defendants their costs on a substantial indemnity scale fixed at $35,000, finding the plaintiff's lack of cooperation glaring.
The court declined to order the plaintiff's principal personally liable for the costs, noting that the defendants' corporate remedies as minority shareholders remained to be decided.
