Pearson & Pearson

In *Pearson & Pearson*, the wife sought an order that the husband pay her costs of and incidental to the Initiating Application filed by the husband on 30 December 2015 on an indemnity basis. The wife proposed that these costs, fixed at $136,577.52, be satisfied by the husband transferring his half interest in a vacant block of land to her, with the husband paying any difference between the fixed sum and the value of his land interest. Alternatively, the wife sought an order for the husband to pay her costs on an indemnity basis as assessed, with the husband bearing sole liability for the costs of that assessment.

The court was required to determine whether to award costs on an indemnity basis in favour of the wife and, if so, the quantum and form of that order.

Benjamin J found in favour of the wife, ordering that the husband pay her legal costs of and incidental to the proceedings on an indemnity basis in the fixed sum of $136,577.52 within thirty days. All other extant applications before the court were dismissed.