16 May 2023
Advantage Tool & Machine Ltd. v Cross Industries Ltd.
Advantage Tool & Machine Ltd. is awarded damages of $237,243.32 in a breach of contract case. They argue for full costs, double costs based on a settlement offer, and the return of money paid as security for costs. Cross Industries Ltd. seeks apportionment of costs and claims success in resisting Advantage Holdings' claim. The court rules in favor of Advantage Tool, finding them substantially successful and entitled to their costs. Apportionment of costs is rejected as the issues were intertwined. Cross's success in resisting Advantage Holdings' claim is not considered a separate matter. The court orders double costs based on the settlement offer.