This was an Application by the Defendant seeking solicitor-client Costs, following a successful Injunction against the Plaintiffs. The Plaintiffs argued that only Schedule C Costs should be awarded with a possible multiplier of 1.5. In the main Judgment, the Defendant asserted the legal Costs to have exceeded $100,000 but failed to provide a Bill of Costs, statement of account or any other evidence for the claimed Costs. Justice Lema considered Rule 10.35, noting the importance of providing a Bill of Costs. The Court noted that failure to provide a Bill of Costs or any evidence is not only prejudicial to the Plaintiff, but also does not assist the Court in verifying the Costs being claimed as fair and reasonable.

Justice Lema declined to use the Defendant’s asserted legal costs as a baseline to award any Costs. In determining the Costs Award, Justice Lema used the Plaintiff’s Bill of Costs as a baseline, adjusting it according to the circumstances at hand and thereby awarding $52,000 in Costs to the Defendant.