Stephen Cooley

The plaintiff was wholly successful on an interim injunction motion and sought partial indemnity costs of $79,836.56.

The plaintiff argued costs should be awarded immediately as there might not be a trial, while the defendants argued costs should be reserved to the trial judge.

The court exercised its discretion to order costs in the cause, noting it is the preferable course for interlocutory injunctions, but allowed the parties to return for a costs determination if no trial is held within 18 months.

The plaintiff brought a motion under Rule 30.06 for a further and better affidavit of documents, seeking financial, operational, and accounting records from the defendants.

The underlying action involved claims of partnership dissolution, breach of contract, and intellectual property infringement.

The defendants opposed the motion, arguing the documents were irrelevant, not proven to exist, and disproportionate to produce at this stage.

The court found the requested documents were relevant to both liability and damages, and that the plaintiff had provided sufficient evidence of their existence.

The court rejected the defendants' proportionality arguments, noting they failed to provide evidence of undue burden, and granted the motion with costs.