Master Russell fixed the plaintiffs' costs of an uncontested possession application at $7,864.10 (including $114.10 disbursements), significantly reducing the claimed amount of $22,397.10. The Court found the claimed costs of 55.70 hours totalling $22,283 were out of all proportion to the simplicity of the application, applying the broad-brush approach to costs fixing and the CPD 4.7.1.1 schedule of standard costs as a guide. Costs were particularly reduced where affidavit evidence was initially inadmissible, causing duplication of work, and where the time claimed for short hearings (20-30 minutes) far exceeded the standard allowances.
The full text is available to signed-in members.