Following an eight-day family law trial primarily concerning custody of a teenage child, both parties sought costs.
The respondent relied on a formal offer to settle and argued substantial success, while the applicant alleged unfairness in the conduct of the litigation.
The court found that the applicant advanced numerous serious but unsubstantiated allegations against the respondent and that the respondent was forced to proceed to trial to protect the child’s interests.
Applying the costs consequences of the respondent’s offer to settle, the court awarded substantial indemnity costs from the date of the offer forward, with limited reductions for unsupported preparation time and partial trial attendance.
Partial indemnity costs were awarded for work performed before the offer.
