Following a family law motion concerning exclusive possession and sale of the matrimonial home, the court determined the appropriate costs award.
The moving party sought full‑indemnity costs of approximately $15,780 after achieving success on the principal issues of exclusive possession and dispensing with the opposing party’s consent to sale of the home, although the request to strike pleadings was not granted.
Applying Rule 24 of the Family Law Rules and Rule 57.01 of the Rules of Civil Procedure, the court considered success at the motion, party conduct, settlement offers, and the principle of reasonableness.
The court found the moving party was more successful overall and that the responding party’s conduct, including failure to comply with court orders and disclosure obligations, necessitated the motion.
A fair and reasonable all‑inclusive costs award of $10,000 was ordered.
