Shikha Sharda

The applicant wife sought costs after successfully defending a motion brought by the respondent husband, which was dismissed due to his failure to file an Answer and lack of evidentiary foundation.

The court, applying Rule 24(1) of the Family Law Rules, found the wife entitled to costs.

While she sought $5,821.93, the court fixed costs at an all-inclusive sum of $3,000, considering the reasonableness for the unsuccessful party to pay, rather than the actual costs incurred by the successful litigant.

The respondent husband brought a motion seeking various deductions from the applicant wife's share of the proceeds from the sale of the matrimonial home, including claims for household contents, an abandoned vehicle, utility bills, and an alleged loan.

The wife argued the husband had no standing to bring the motion as he had failed to file an answer in the proceeding.

The court agreed, finding the husband had no standing under the Family Law Rules.

In the alternative, the court reviewed the merits of the husband's claims and dismissed them entirely due to a lack of evidentiary support.

The net proceeds of the sale were ordered to be divided equally.