Can the trial judge attribute time to those specific issues; and Would apportionment effect a just result in the circumstances Rana v. Nagra Special costs and reprehensible conduct The allegations of misconduct against the plaintiffs were: bringing a claim without an evidentiary basis, filing a CPL for an improper purpose, filign false affidavits, failing to disclose documents, wrongly alleging forgery. Principal: the party that has substantially succeeded is entitled to costs The court found the Ds substantially succeeded An award of special costs is more likely where the failed allegations are based on fraud or other claims of dishonesty The reasonableness of the underlying claim may militate for or against an award of special costs Failure to properly disclose documents can also be a basis for awarding special costs Special costs were appropriate here for a combination of factors unmeritorious claim –
Can the trial judge attribute time to those specific issues; and Would apportionment effect a just result in the circumstances Rana v. Nagra Special costs and reprehensible conduct The allegations of misconduct against the plaintiffs were: bringing a claim without an evidentiary basis, filing a CPL for an improper purpose, filign false affidavits, failing to disclose documents, wrongly alleging forgery. Principal: the party that has substantially succeeded is entitled to costs The court found the Ds substantially succeeded An award of special costs is more likely where the failed allegations are based on fraud or other claims of dishonesty The reasonableness of the underlying claim may militate for or against an award of special costs Failure to properly disclose documents can also be a basis for awarding special costs Special costs were appropriate here for a combination of factors – unmeritorious claim