DANVERS & DANVERS (No.2)

In *Danvers & Danvers (No.2)*, the applicant sought costs in family law proceedings before Egan J. The dispute concerned the appropriateness of exercising the court's discretion to make a costs order against a party, specifically where that party had unreasonably failed to accept offers made prior to the hearing.

The central legal issue before the court was whether the applicant had established grounds for a costs order against the respondent, given the respondent's conduct in relation to pre-hearing offers. This required an assessment of the reasonableness of the respondent's refusal to accept those offers and whether such refusal warranted the exercise of the court's discretion to award costs.

Egan J reasoned that the respondent's failure to accept the offers made prior to the hearing was unreasonable. Applying the principles governing the exercise of discretion in awarding costs in family law matters, the court found that the respondent's conduct justified making a costs order in favour of the applicant. The court ultimately ordered that the respondent pay the applicant's costs.