Background: This case involved a proposed class action lawsuit by William Tataryn and Daya Nand Rajan (Plaintiffs) against Diamond & Diamond Lawyers LLP (Defendant), which was dismissed due to procedural delay.
Parties Involved: Plaintiffs are William Tataryn and Daya Nand Rajan. The Defendant is Diamond & Diamond Lawyers LLP.
Issues/Main Discussion: The dismissal was based on the Plaintiffs exceeding the time permitted for proceeding under section 29.1 of the Class Proceedings Act 1992. The Defendant sought costs on a substantial indemnity basis, citing allegations of professional misconduct.
Ruling: The court awarded costs on a partial indemnity basis, not a substantial indemnity basis, emphasizing fairness and reasonableness. The Defendant's counsel claimed costs including disbursements and tax totaled $338,876.27, while the Plaintiffs' own Bill of Costs was $49,256.99.
Amount Awarded: The Plaintiffs were ordered to pay the Defendant an all-inclusive amount of $125,000 in costs.
