The applicant sought substantial indemnity costs of $86,832 following a five-day custody trial, plus costs for a prior motion.
The court denied costs for the prior motion, noting that under Rule 24(10) of the Family Law Rules, costs must be decided at each step.
The court declined to award substantial indemnity costs, finding divided success and that the respondent's pursuit of sole custody was not unreasonable.
The court fixed the applicant's costs on a lower partial indemnity scale at $27,650, subject to an $8,000 set-off from a property settlement.
