Event and Time
Event Description
This case involves an appeal in family law proceedings initiated by Mr. Somers (the appellant) regarding orders made by Judge Johns on 2 August 2019. Mr. Somers filed a Notice of Appeal on 6 August 2019 but subsequently indicated he no longer wished to pursue the appeal. The court convened to address the matter, including the costs associated with the appeal.
Application and Claims
- The appellant sought to appeal the orders made on 2 August 2019.
- After the case was called, Mr. Somers expressed his intention not to continue with the appeal, and he made no submissions opposing its dismissal.
- The respondent, Ms. Ettridge, requested an order for costs in the amount of $5,898.89 due to the unsuccessful appeal.
Judicial Decisions
- The court dismissed the Notice of Appeal filed by Mr. Somers.
- The appellant was ordered to pay the respondent's costs fixed at $5,898.89.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Position: Mr. Somers filed the appeal but later decided not to pursue it and did not oppose the dismissal.
- Respondent's Position: Ms. Ettridge argued that as the appeal was wholly unsuccessful, she should be entitled to recover her costs associated with the appeal.
- Evidence and Arguments:
- The appellant indicated no financial hardship preventing a costs order from being made. - The respondent's costs were calculated on a party/party basis detailed in a submitted schedule.
Ruling and Impact
Ruling Result
- The court dismissed the Notice of Appeal.
- Mr. Somers was ordered to pay Ms. Ettridge $5,898.89 in costs as the appeal was unsuccessful and he did not contest the order.