Read the full judgment text of FCMC 1755/2020 on BabelCite. This Family Court judgment was delivered on 22 February 2024 before Her Honour Judge Elaine Liu.
District Court – Matrimonial Causes – Ancillary Relief – Costs – Variation of Costs Order – Successful Party – Failed Allegations – Mediation Ordinance – Without Prejudice Privilege – FDR – Calderbank Offer – Issue-based approach. The court varied the costs order following a trial where the Respondent husband succeeded in obtaining a lump sum. The court held the husband was the successful party but his entitlement to costs was reduced due to failed allegations that significantly increased costs. Mediation offers were inadmissible under the Mediation Ordinance, but FDR offers were admissible by consent. The husband was ordered to bear 75% of the wife's costs incurred after the FDR.
Legal issues: Who is the successful party? · Impact of failed allegations on costs · Admissibility of mediation and FDR offers · Impact of conduct on costs
Outcome: W's application to vary Costs Order Nisi allowed.
Cited by 2 cases · Cites 6 cases