The Court ordered indemnity costs and a gross sum costs assessment in favour of the plaintiff where the defendant persistently refused to engage with pre-litigation negotiations, the litigation process, and the court-ordered sale of co-owned property. The trustee for sale's costs, which substantially exceeded the original $20,000 cap due to the defendant's lack of cooperation, were allowed in full from the sale proceeds. The Court also reimbursed the plaintiff for water rates she had paid during the defendant's occupation, and fixed costs as a gross sum given the negligible prospect of the defendant engaging with a formal costs assessment process.
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