Following an eighteen-day family law trial where the applicant's claims to set aside domestic contracts were dismissed, the respondent sought full recovery costs of $102,603.73.
The court considered the parties' offers to settle, finding the respondent made an offer triggering Rule 18(14) consequences.
The court rejected allegations of bad faith but found both parties engaged in unreasonable behaviour, particularly the respondent's failure to provide full financial disclosure regarding his businesses.
The court ordered the applicant to pay costs of $53,750, reflecting partial indemnity prior to the respondent's offer and substantial indemnity thereafter, with a reduction for the respondent's disclosure failures.
