Published 29 March 2022
Costs decision — solicitor/client basis — indemnity costs. In a reserved summary judgment decision of 31 January 2020 the Judge had granted costs in favour of the plaintiff on a solicitor/client basis. The plaintiff's solicitors took this to mean that the respondent was required to pay the full client and solicitor costs of the plaintiff in the sum of $56,137.16. The Judge clarified that it was not the intention of the Court to order indemnity costs in favour of the plaintiff, rather that the parties were to agree on a reasonable sum with the option to apply to the Court to determine the amount if the parties could not agree. The Judge would not have ordered indemnity costs without hearing from the parties on this first. Based on the memoranda filed, the Judge then ordered the costs to be awarded on a 2B basis plus disbursements. Judgment Date: 3 March 2020.
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