Read the full judgment text of FCMC 5793/2006 on BabelCite. This Family Court judgment was delivered on 11 June 2009 before Deputy Judge C.K. Chan.
Matrimonial causes – Ancillary relief – Costs – Costs follow the event – Starting point – Conduct of parties – Settlement negotiations – District Court – Deputy Judge C.K. Chan – Costs order nisi made absolute – No costs in main suit – Rules of the District Court O.62 r.3 (2) – L v C principles – GW v RW overruled by Norris v Norris – Wife awarded lump sum $5,894,474 – Husband applied to vary costs order – Court held costs follow the event unless special circumstances – Wife considered winner despite some minor losses – Wife's conduct did not justify denying costs – Wife acted reasonably in negotiation – Final offer close to judgment amount
Legal issues: Proper approach to costs in ancillary relief · Whether wife won the case for costs purposes · Whether unnecessary costs incurred due to wife's conduct · Whether wife's high claim prevented settlement
Outcome: Costs order nisi made absolute in favour of wife; no costs in main suit.
Cited by 1 case · Cites 1 case