Read the full judgment text of FCMC 14442/2012 on BabelCite. This Family Court judgment was delivered on 4 November 2015 before Deputy District Judge I. Wong.
Costs – Ancillary Relief – Calderbank Offer – Full and Frank Disclosure – Matrimonial Proceedings – Variation of costs order nisi – Respondent more successful in trial – Costs awarded 50% from date of second proposal – The court considered the variation of a costs order nisi which originally provided for no order as to costs in ancillary relief proceedings. The Respondent sought costs based on his success in the trial and the Petitioner's failure to negotiate or disclose financial information. The court applied principles from Gojkovic v Gojkovic and W v K and Anor (Costs) regarding the discretion in family cases and the effect of Calderbank offers. The court found the Respondent was more successful as he resisted maintenance claims and secured immediate sale of the home. The Petitioner's failure to give full and frank disclosure of income from her parents' business was a relevant factor. The Respondent's 2nd Proposal on 20 December 2013 was considered a serious offer worthy of consideration. The Petitioner's failure to respond to offers and negotiate was taken into account. The court varied the costs order to award the Respondent 50% of the costs of the ancillary relief proceedings from 20 December 2013 and 50% of the costs of the present application. No order as to costs was made for costs prior to 20 December 2013. Parties' own costs were to be taxed in accordance with the Legal Aid Regulations.
Legal issues: Variation of costs order nisi · Effect of Calderbank offers on costs · Effect of failure to give full and frank disclosure
Outcome: Costs order nisi varied; Respondent awarded 50% of costs of ancillary relief proceedings from 20 December 2013 and 50% of costs of present application.
Cited by 2 cases · Cites 3 cases