Following a five-day family law trial where the respondent was entirely successful, both parties sought costs.
The respondent sought full indemnity costs of $38,551.38, relying on a settlement offer that was significantly more favourable to the applicant than the trial judgment.
The court found that while the offer expired one day before trial and did not trigger the strict consequences of Rule 18(14), it remained a significant factor under Rule 24.
The court awarded the respondent $30,000 in costs, approaching full indemnity, after deducting fees for senior counsel's passive attendance at trial.
