Philip M. Epstein Q.C.

The appellant appealed a trial judgment awarding spousal support to the respondent, challenging the trial judge's credibility findings and factual determinations regarding the respondent's immigration status and employment prospects.

The trial judge had found the appellant to be untruthful and accepted the respondent's evidence that she would suffer reduced career opportunities in South Korea due to the cultural stigma of a failed interracial marriage.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's credibility assessments and concluding that the trial judge fully explained why the severe economic disadvantage suffered by the respondent justified a support award outside the Spousal Support Advisory Guidelines.

Following a successful appeal under the Hague Convention ordering the return of a child to England, the appellant father sought costs of $15,000 for the appeal and $15,000 for the application hearing.

The respondent mother argued for no costs or $5,000.

The Court of Appeal awarded the appellant costs for both proceedings, fixed in the aggregate amount of $5,000 on a partial indemnity scale, balancing the need for deterrence with the relative financial situations of the parties.

Following the appellant's substantial success on appeal and at trial in a family law matter, the Court of Appeal fixed costs for both proceedings.

The court noted the respondent's unreasonable conduct in prolonging the trial and failing to make or accept reasonable offers to settle.

Applying the factors under Rule 24(11) of the Family Law Rules, the court awarded the appellant $275,000 for the trial and $25,000 for the appeal, allowing the award to be offset against the appellant's spousal support arrears.

The Court of Appeal released a costs endorsement following an appeal.

The court agreed with the appellant that costs should be fixed and ordered the respondent to pay the appellant $15,000 inclusive of disbursements and GST.

Costs of the underlying application were reserved to the trial judge.