SCHUNN v PUGH

The Court was asked to consider the Costs consequences of two Applications advanced to resolve an unexpected tax liability arising out of a retroactive spousal support award made at Trial. In summary fashion, the Court observed that “Costs are always in the discretion of the Court. Rule 10.29 […] sets out the general rule that a successful party is entitled to a costs award against the unsuccessful party. This is subject to the Court’s general discretion under Rule 10.31, which brings into consideration, the matters described in Rule 10.33.” The Court applied the general rule in awarding party-party Costs to the Defendant in the Action, being the successful party.