Read the full judgment text of FCMC 14968/2006 on BabelCite. This Family Court judgment was delivered on 17 November 2009 before Her Honour Judge Chu.
Matrimonial Causes – Ancillary Relief – Costs – Variation of Costs Order – Calderbank Offers – Discretion – Full and Frank Disclosure – District Court. The Court considered an application by the Respondent to vary an Order Nisi regarding costs following a Judgment on ancillary relief. The general principles governing costs in civil and family proceedings were reviewed, emphasizing that costs follow the event unless special circumstances exist. The Court examined the effectiveness of Calderbank offers, citing Gojkovic v Gojkovic and In re Elgindata Ltd. (No. 2), noting that such offers require teeth, including full and frank disclosure of assets and a serious offer worthy of consideration. The Respondent's Calderbank letters were found to lack a clear basis of calculation and were sent prior to full financial disclosure, rendering them ineffective. The Petitioner had made a generous concession regarding child maintenance, and the Respondent failed on substantive issues including the validity of a separation Agreement and the valuation of family assets. The Court held that the Order Nisi was fair and made it final and absolute, requiring the Respondent to pay the Petitioner's costs of the ancillary relief application and the costs of the costs application, taxed on a party and party basis with a certificate for counsel. The Petitioner's own costs were to be taxed in accordance with legal aid regulations. The ruling underscores the discretion of the court in awarding costs and the necessity for parties to negotiate in good faith with proper disclosure in matrimonial financial proceedings. – Costs – Calderbank Offers – Discretion – Full and Frank Disclosure – District Court. Matrimonial Causes – Ancillary Relief – Costs – Variation of Costs Order – Calderbank Offers – Discretion – Full and Frank Disclosure – District Court. The Court considered an application by the Respondent to vary an Order Nisi regarding costs following a Judgment on ancillary relief. The general principles governing costs in civil and family proceedings were reviewed, emphasizing that costs follow the event unless special circumstances exist. The Court examined the effectiveness of Calderbank offers, citing Gojkovic v Gojkovic and In re Elgindata Ltd. (No. 2), noting that such offers require teeth, including full and frank disclosure of assets and a serious offer worthy of consideration. The Respondent's Calderbank letters were found to lack a clear basis of calculation and were sent prior to full financial disclosure, rendering them ineffective. The Petitioner had made a generous concession regarding child maintenance, and the Respondent failed on substantive issues including the validity of a separation Agreement and the valuation of family assets. The Court held that the Order Nisi was fair and made it final and absolute, requiring the Respondent to pay the Petitioner's costs of the ancillary relief application and the costs of the costs application, taxed on a party and party basis with a certificate for counsel. The Petitioner's own costs were to be taxed in accordance with legal aid regulations. The ruling underscores the discretion of the court in awarding costs and the necessity for parties to negotiate in good faith with proper disclosure in matrimonial financial proceedings.
Legal issues: Variation of Costs Order
Outcome: Order Nisi regarding costs made final and absolute; Respondent to pay Petitioner's costs of ancillary relief and costs of costs application.
Cited by 3 cases