Read the full judgment text of FCMC 8147/2014 on BabelCite. This Family Court judgment was delivered on 29 October 2021 before Deputy District Judge R So.
Matrimonial Causes – Costs – Variation of Costs Order Nisi – Discretion – Rules of the High Court – Petitioner wife applied to vary costs order nisi following judgment dismissing variation of periodical payments applications – Mother sought Father to pay all her costs citing Father's failures and non-disclosure – Father opposed – Court held both parties' applications dismissed previously – No winning party – Costs should follow event but no hard and fast rule – Both parties highly intellectual persons – Father's financial difficulties self-induced – Mother's application to increase maintenance dismissed – Application to vary costs order dismissed – No order as to costs for this application – Costs order nisi to be made absolute within 14 days – Order 62 rule 5 RHC – Order 1A rule 1 RHC – Conduct of parties – Financial resources – Maintenance variation – Paper disposal – Acting in person – Non-disclosure – Adverse inference – Unilateral default in payment – Vast disparity of financial capability – Adverse impact of costs on children – Court considered underlying objectives – Fair to order no order as to costs
Legal issues: Variation of Costs Order Nisi
Outcome: Application to vary costs order dismissed.
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