The respondent sought costs of $13,735.43 on a full recovery basis following a motion regarding the applicant's failure to comply with disclosure orders.
The court found divided success on the motion, as the respondent succeeded on three of five issues but failed to have the applicant's pleadings struck immediately or the daily penalty increased.
Although the respondent beat her offer to settle, the court discounted her costs due to her failure to comply with the Practice Direction regarding the length of motion materials and improperly scheduling a long motion as a short motion.
Costs were fixed at $8,250 payable by the applicant.
