Event and Time
Event Description
- Date of Final Property Orders: 6 July 2020
- Parties Involved: Husband and Wife
- Nature of Dispute: Cost application in family law regarding the division of property and costs incurred during proceedings.
Application and Claims
- Wife's Claims:
- Sought indemnity costs from the husband. - Alternatively sought party/party basis costs.
- Husband's Defense:
- Opposed all costs applications against him.
Judicial Decisions
- The husband was ordered to pay:
- Costs of substantive proceedings amounting to $277,330 on an indemnity basis. - Costs of Application for Costs filed on 3 August 2020 amounting to $40,144 on a party/party basis.
- All other applications were dismissed.
- The court certified for counsel, including Senior Counsel.
Dispute Points and Legal Basis
Dispute Points
- Wife's Arguments:
- Asserted that indemnity costs were justified due to husband's lack of response to settlement offers and failure to provide proper disclosure. - Maintained that her settlement offers throughout proceedings were reasonable and unaddressed.
- Husband's Counterarguments:
- Contended that he should not be liable for costs since he did not respond to the settlement offers, implying his silence was deliberate or based on the legal strategy. - Argued against the justification for indemnity costs, suggesting the proceedings were not unduly protracted or complicated by his behavior.