Following a family law motion involving multiple heads of relief, the court addressed the issue of costs.
The moving party sought $45,000 on a substantial indemnity basis, alleging the responding party acted in bad faith and failed to comply with earlier court orders.
The responding party argued the claimed costs were excessive for a short motion and requested her own costs or that costs follow the event at trial.
Applying Family Law Rule 24 and the reasonableness principle from appellate authority, the court found the moving party had been largely successful but that the claimed fees were excessive for a one-hour motion.
Because the responding party acted in bad faith regarding issues involving the child and the sale of the matrimonial home, the court ordered partial recovery costs.