Supreme Court
Decision Information
Summary: Two day divorce trial covering eight matrimonial property issues still in dispute and spousal support. Petitioner substantially successful and asks for costs. Respondent had offered verbal then written offer to settle, but did not pay money into court as regulated by 1979 Rules of Court. Rules provided successful litigant has no right to costs, but a reasonable expectation of receiving them subject to Court's discretion. Court found petitioner substantially successful at trial and no ground related to the conduct of the action which would justify denying her costs.
Decision: Petitioner awarded costs of $7,000.00
Subjects: Costs - Factors affecting entitlement to or quantum of costs - Offer to settle