30 Oct 2023
Premier was found liable for breach and loss so was not the successful party overall; mitigation eliminated recoverable loss to OHL and the commercial nature of the stake did not convert Premier's recovery into overall success; accordingly the Court refused to order costs to either party and declined any uplift.
19 Feb 2019
No uplift was applied because the merits were indeterminate and Manchester's rejection of the offer was not shown to be unreasonably delayed or unjustified; out-of-town counsel disbursements were allowed; photocopying costs were found disproportionate and reduced to $500; Manchester ordered to pay recalculated 2B costs of $11,707.50 plus disbursements of $1,653.54.
9 Aug 2018
The court accepted Pinto was entitled to 2B costs and disbursements and found Leasing Solutions had no reasonable justification for not accepting Pinto's without prejudice except as to costs offer; an uplift of 50% from the date of the offer was appropriate as increased costs but indemnity costs were not justified, resulting in an order that Leasing Solutions pay Pinto increased 2B costs of $61,771.00 plus disbursements of $4,499.94.