The Representative Plaintiffs in a certified class action sought leave to dismiss the action due to a lack of reasonable prospect of success after an expert report undermined their case.
The Defendants did not oppose the dismissal but sought substantial partial indemnity costs for a withdrawn summary judgment motion and for defending the class action.
The Class Proceedings Fund, responsible for adverse costs, argued the Defendants' costs claim was excessive.
The court granted leave to dismiss the action and awarded the Defendants $300,000 in total partial indemnity costs, significantly less than the $750,025.31 sought by the Defendants but more than the $65,000 proposed by the Fund.
