Following a trial regarding rectification of a divorce judgment, the court addressed costs.
The applicant successfully obtained rectification of the divorce judgment under Rule 25(19) of the Family Law Rules to reflect the parties’ intention that a $100,000 payment be made, while the respondent achieved partial success by obtaining certain credits against that amount.
The court found the applicant had succeeded on the dominant issue but noted the legal question concerning the scope of Rule 25(19) was novel and that some of the litigation arose due to solicitor negligence.
Balancing these considerations, and finding no unreasonable conduct by the respondent within Rule 24(11), the court reduced the costs award.
Nominal costs were awarded to reflect divided success and the unusual circumstances of the case.
