Read the full judgment text of FCMC 5731/2010 on BabelCite. This Family Court judgment was delivered on 15 December 2014 before Her Honour Judge Sharon D. Melloy.
Matrimonial causes – Costs – Child maintenance – Calculation error – Indemnity costs – District Court – Petitioner (Mother) and Respondent (Father) dispute over child expenses and school fees – Significant mistake in mother's calculation of H's expenses (HK$79,474 vs HK$19,337) not clarified until trial – Whether costs should follow event or indemnity basis – Court held mistake was genuine but caused delay – Costs split by litigation periods: Petitioner gets costs for initial period, Respondent gets costs for period mistake persisted, No order for final period – Reserved costs to Respondent – Gojkovic v Gojkovic [1992] Fam 40 cited.
Legal issues: Cost consequences of calculation mistake · Indemnity costs basis · Costs for final period of litigation
Outcome: Costs ordered in three periods: 1) Petitioner to have costs taxed party and party (23 Jan 2013 – 20 June 2013); 2) Respondent to have costs taxed party and party (21 June 2013 – 13 Feb 2014); 3) No order as to costs (14 Feb 2014 – date). Reserved costs to Respondent (Husband). No order as to costs on the costs argument.
Cited by 1 case · Cites 1 case