The applicant, having been successful on a motion regarding the children's school enrolment, sought costs on a full indemnity basis of $15,663.04, relying on an offer to settle.
The respondent argued the amount was disproportionate and suggested $910 on a partial indemnity basis.
The court found the offer to settle did not attract elevated costs as it mirrored the relief sought without compromise.
Applying principles of proportionality and reasonableness, the court awarded the applicant costs on a partial indemnity basis fixed at $6,785.