Rule Details
SELLERS v SELLERS
Rules Discussed
- Rule 10.28 Definition of “party”
- Rule 10.29 General rule for payment of litigation costs
- Rule 10.30 When costs award may be made
- Rule 10.31 Court-ordered costs award
- Rule 10.32 Costs in class proceeding
- Rule 10.33 Court considerations in making costs award
Case Summary
After Richardson J. granted a Judgment of Divorce, divided the parties’ matrimonial property, and ordered the payment of child and spousal support, the parties could not agree on Costs. Both the husband and wife argued that they had been “more successful” than the other in the Action, and therefore that they were entitled to Costs.
Richardson J. first noted that authority to award Costs is governed by Rules 10.28 to 10.33, and that Costs should be awarded in a manner that is fair, efficient, just, and cost-effective. Her Ladyship further explained that one goal of Costs is to offset the financial impact of being forced to attend Court without valid reason, and that Rule 10.33 lists additional factors that the Court may consider in awarding Costs. Ultimately, because the parties enjoyed mixed success, Richardson J. ordered that they each bear their own Costs.