Following the dismissal of the applicant's motion for leave to appeal an arbitration award, the respondent sought costs on a full recovery or substantial indemnity basis.
The applicant argued for a reduced quantum due to his success on the issue of the appropriate test for leave to appeal.
The court found that while the respondent was the successful party, the applicant's partial success warranted a reduction.
After considering the factors under Rule 24(11) of the Family Law Rules, including duplication of counsel time, the court fixed costs payable to the respondent at $9,000.
