Following a family law trial in which the applicant succeeded on spousal support and constructive trust claims, the court considered written submissions regarding costs.
Although the applicant sought full recovery costs, the court declined to grant them because the parties’ offers to settle were served only two days before trial and therefore did not comply with the timing requirements of Rule 18(14) of the Family Law Rules.
The court nonetheless considered the offers and the respondent’s unreasonable litigation conduct, including failure to comply with prior cost orders and deliberate financial conduct affecting support obligations.
The court concluded that enhanced partial indemnity costs were appropriate given the applicant’s success and the respondent’s conduct during litigation.
