Facts: John Vassilaki filed and then sought to discontinue a claim against Florio Michael Vassilakakis, George Ioannis Vassilakakis, Nicholas Vassilakakis, and The Cellar Wine Bar Ltd. Nicholas counterclaimed, alleging John committed assault and battery against him in June 2020. The court found in favor of Nicholas, awarding modest damages.
Issue: The primary issue was the awarding of costs, specifically whether special costs should be granted to the defendants.
Court's Ruling: Ordinary costs were awarded to the defendants for both the claim and counterclaim. Special costs were denied as John's conduct did not meet the "reprehensible conduct" threshold. The court acknowledged John's reasonable settlement efforts but noted these were insufficient for a global settlement.
Costs/Damages Awarded: Ordinary costs were assessed pursuant to Scale B of the Rules for both the personal defendants and the corporate defendant related to the claim and counterclaim. The claim for special costs by both defendants was dismissed.
