Delaware Code
10 Del. C. § 5106 (2026)
Actions in Court of Chancery
✓ current as of May 2026
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The Court of Chancery shall make such order concerning costs in every case as is agreeable to equity.
Code 1852, § 2528; Code 1915, § 4449; Code 1935, § 4907; 10 Del. C. 1953, § 5106;Notes of Decisions
Cited in 28
cases (13 in the last 5 years), 1955–2026 · leading case: Donovan v. Delaware Water & Air Resources Comm'n, 358 A.2d 717 (Del. 1976).
Donovan v. Delaware Water & Air Resources Comm'n, 358 A.2d 717 (Del. 1976). “costs shall be allowed as of course to the prevailing party unless the Court otherwise directs,” and provides a measure of uniformity with 10 Del.C. § 5106 governing costs in the Court of Chancery.”
Scion Breckenridge Managing Member, LLC v. ASB Allegiance Real Est. Fund, 68 A.3d 665 (Del. 2013). “Fee Award Based on 10 Del. C. § 5106 Because we hold ASB is not entitled to fees under the Disputed Agreements’ contractual provisions, ASB asks us to remand so that the Vice Chancellor can consider a fee award under 10 Del.”
Wilmington Trust Co. v. Coulter, 208 A.2d 677 (Del. Ch. 1965). “It appears that the court there did state that "costs" as used in 10 Del.C. § 5106 may not be considered to include counsel fees.”
Wife, P. v. Husband, P., 287 A.2d 409 (Del. Ch. 1972). “Neither case “was intended to constitute a blanket holding concerning the allowance of counsel fees under the statute [10 Del.C. § 5106] or otherwise.” Wilmington Trust Company v.”
Bata v. Hill, 143 A.2d 728 (Del. Ch. 1958). “The Delaware statute (10 Del.C. § 5106), authorizing this court to make such order concerning "costs" as is agreeable to equity, is no more than a restatement of the existing equity rule.”
Hutchinson v. Fish Eng'g Corp., 204 A.2d 752 (Del. Ch. 1964). “However, both defendants seek to have other costs assessed against plaintiff presumably under the statute (10 Del.C. § 5106) which provides that this court shall make such order concerning costs "as is agreeable to equity".”
The Marilyn Abrams Living Trust v. Pope Investments LLC (Del. Ch. 2018). “2013) (discussing 10 Del. C. § 5106). “Fees” refers to “those amounts paid to the court or one of its officers for particular charges that typically are delineated by statute,” such as “docket fees, clerk’s and marshal’s charges, and witness’ fees.”
In Re Dougherty's Will, 114 A.2d 661 (Del. Super. Ct. 1955). “The proponent then petitioned the Register to tax her counsel fees against the contestant, as part of the costs of the proceeding, and to hold the contestant's cost bond chargeable for the payment of such fees. The Register denied that application and the proponent appeals.”
Dore v. Sweports Ltd. (Del. Ch. 2017). “The out-of-pocket expenses encompassed by Section 145 are broader than the restricted concept of “costs” in the statute that authorizes the recovery of court costs in the Court of Chancery.”
Meyers v. Quiz-Dia LLC (Del. Ch. 2018). “§ 145(c) (mandating corporation to indemnify a director or officer who was successful on the merits or otherwise in defending a proceeding “against expenses (including attorneys' fees) actually and reasonably incurred”). The out-of-pocket expenses encompassed by Section 145 are…”
Braga Inv. & Advisory, LLC v. Yenni Income Opportunities Fund, I, L.P. (Del. Ch. 2020). “2013) (construing the terms “costs” as used in 10 Del. C. § 5106, which provides that “[t]he Court of Chancery shall make such order concerning costs in every case as is agreeable in equity.”
Wilant v. BNSF Ry. Co. (Del. Super. Ct. 2020). “costs shall be allowed as of course to the prevailing party unless the Court otherwise directs,’ and provides a measure of uniformity with 10 Del.C. § 5106 governing costs in the Court of Chancery.”
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