Event and Time
Event Description
- Date of Appeal Initiation: 31 July 2017
- Date of Discontinuance: 7 May 2018
- Judicial Background: The case involves an appeal by Mr. Vien against orders made by Judge Kemp on 4 July 2017 regarding the existence of a de facto relationship between him and Ms. Chiou.
Application and Claims
- Applicant: Ms. Chiou seeks costs related to the responded's appeal, which was subsequently discontinued.
- Respondent: Mr. Vien filed the appeal, which ultimately was unsuccessful and led to a request for costs incurred by Ms. Chiou.
Judicial Decisions
1. Mr. Vien is ordered to pay Ms. Chiou’s costs for the appeal on a party and party basis. 2. Additionally, Mr. Vien is required to pay Ms. Chiou’s costs associated with the application on an indemnity basis, evaluated at $3,661.
Dispute Points and Legal Basis
Dispute Points
Applicant's Position (Ms. Chiou):
- Argues that, given the discontinuation of the appeal and its unsuccessful nature, she is entitled to recover her legal costs as the prevailing party.
- Claims that Mr. Vien acted imprudently by refusing a settlement offer concerning the costs.
Respondent's Position (Mr. Vien):
- Initially filed an appeal against Judge Kemp's declaration regarding the absence of a de facto relationship.
- Contends that there were grounds for appeal, although these were ultimately found unmeritorious, leading to discontinuation.
- Did not fulfill earlier court orders (security for costs), which adversely affected the outcome of the appeal.