Following a family law motion in which the moving party obtained an award of interim expenses but for a significantly reduced amount, the court determined costs of the motion.
Applying Rule 24 of the Family Law Rules, the court held that the successful party is presumptively entitled to costs absent unusual circumstances.
Although the moving party sought full indemnity costs exceeding $16,000, the court reduced the amount to account for partial success and for preparation time related to a separate motion to amend pleadings that had been adjourned.
The court also rejected allegations of bad faith relating to the timing of the opposing party’s cost submissions.
Costs were fixed on a substantial indemnity basis in the amount of $8,641.