F v. F

The court awarded costs to the wife because she was substantively the successful party (the court's awards approximated the wife's settlement offers), her contested issues were relevant and not vexatious, the husband's Calderbank offers were materially below the eventual award placing him at risk, and the cumulative fact that some issues failed did not justify depriving her of costs given the nature of ancillary relief litigation and the arguments' legitimacy.

Citation: F v. F
Parties: Petitioner (wife): F; Respondent (husband): F
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 15 October 2003
Case Number: HCMC4/2001
Procedural Posture: Matrimonial Causes (ancillary Relief) / Costs Ruling Post Trial and Post Judgment
Outcome: Costs awarded to the Petitioner (wife)
Legal Topics: Ancillary Relief, Calderbank Offers, Costs Discretion, White V. White Applicability, Disclosure, Interlocutory Costs
Source Language: EN

Family Law Civil Procedure Costs Law Ancillary Relief Calderbank Offers Costs Discretion White V. White Applicability Disclosure +1 more

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 11

Parties

Petitioner (wife)

Respondent (husband)

Procedural Posture

Matrimonial Causes (ancillary Relief) / Costs Ruling Post Trial and Post Judgment

Legal Issues

1 Who was the successful party for costs purposes
2 Whether costs should follow the event in a high asset matrimonial case
3 Effect of Calderbank offers on costs allocation

Ratio Decidendi

Court Disposition

Costs awarded to the Petitioner (wife)

Orders

General order: costs awarded to the Petitioner (wife) in respect of the principal proceedings
2 August 2001 (call over hearing): costs in the cause