White & White

In the matter of White & White, the wife appealed against a costs order made against her during the trial. The trial judge had ordered that the wife pay 50% of the husband's costs. The wife argued that the trial judge had erred in assessing the financial circumstances of the parties and the conduct of the husband, and that she had wrongly given considerable weight to the husband's offers for settlement. The wife's appeal against the property settlement orders was also considered. The court was required to decide whether the trial judge had erred in her assessment and whether the wife's unsuccessful appeal against the property settlement orders warranted a costs order.

The court found no merit in the wife's challenge to the costs order. The trial judge's assessment of the financial circumstances and conduct of the parties was not shown to be erroneous, and the weight given to the husband's offers for settlement was deemed appropriate. The court also noted that the circumstances did not justify making a further costs order in relation to the wife's unsuccessful appeal against the property settlement orders.

The appeal against the costs order was dismissed, and no order for costs was made with respect to the costs appeal or the appeal against the property settlement orders. The court held that the trial judge's decisions were sound, and no further costs were warranted.