The Appellant appealed an interim child support Order shortly before an impending Special Chambers hearing, arguing lack of procedural fairness and abuse of process. The Appeal was dismissed. The Respondent sought solicitor-and-own client costs of $8,500, arguing the Appeal had no merit. No legal argument was made, and the interim Order was set for review shortly after the Appeal hearing date.

The Court noted that under Rules 14.88(1) and (3) a successful party on an Appeal is entitled to costs on the same scale that applied to the Judgment below. The Court held that it was not an appropriate case for solicitor-client Costs, but that enhanced Costs were appropriate as a formal offer to withdraw the Appeal had been made, and the Appeal should not have been brought in the circumstances. The Court awarded $5,000 in costs, which represented approximately 1.5 times Schedule C Costs under Column 1.