Following a five-day trial where the father successfully opposed the mother's request to relocate with their child to the United States, the father sought costs on a substantial indemnity basis.
The mother argued no costs should be awarded.
The court found the father was entitled to costs as the successful party but rejected substantial indemnity, noting the mother's conduct was not unreasonable despite her weak position.
After adjusting for arithmetic errors, non-trial related work, and excessive disbursement rates, the court awarded the father discounted partial indemnity costs of $15,000.