1.
|
Discretion must be exercised in accordance with specific facts and
circumstances of the case, in relation to factors in Rule 57.01(1); |
2.
|
It is appropriate to consider experience, rates charged and hours spent, but reasonableness is the overriding principle; |
3.
|
Another factor to consider is the unsuccessful party's reasonable expectation of the costs, which are to be fair and reasonable; |
4.
|
Courts should try to be consistent in awarding comparable awards; |
5.
|
Courts should balance the principle of indemnity with the fundamental objective of access to justice. |