The defendants were successful in setting aside an ex-parte Mareva injunction after their marital situation changed, eliminating the risk of them fleeing the jurisdiction.
The defendants sought costs as the successful party, while the plaintiff argued that no costs should be awarded due to the defendants' conduct complicating the litigation.
The court applied Rule 57.01(1) of the Rules of Civil Procedure and found that the defendants unnecessarily complicated the matter by litigating the sale of the matrimonial home.
Furthermore, the injunction was set aside due to changed circumstances, not any failure by the plaintiff.
The court ordered that no costs be awarded to either party.
