Following an earlier endorsement awarding substantial indemnity costs, the court determined the allocation and quantum of costs arising from a family law motion.
The court considered whether the respondent’s counsel should personally bear responsibility under rule 24(9) of the Family Law Rules for unnecessarily increasing litigation costs.
The judge found that both the respondent and his lawyer engaged in unreasonable conduct that created unnecessary legal work for the applicant.
The applicant’s bill of costs was accepted in full.
Responsibility for the costs was divided equally between the respondent and his counsel.