Following reasons for judgment resolving property and child support disputes between former partners, the court determined the issue of costs.
The applicant had failed in his claim for a beneficial interest in the respondent’s property but succeeded in obtaining reimbursement for child support overpayments and arrears owed by the respondent.
The respondent had successfully defended the property claim but failed in her child support claim.
Applying Rules 24 and 18 of the Family Law Rules, the court found that success was divided and that none of the applicant’s offers to settle triggered automatic cost consequences.
Given the roughly equivalent financial outcomes on the competing issues and the reasonable conduct of both parties, the court concluded that neither party was more successful overall.