Abati and Cole

In *Abati and Cole*, heard before Macmillan J, the dispute concerned the costs of an application filed by the wife on 2 December 2013, and a subsequent application filed by the wife on 17 April 2015. The husband was ordered to pay the wife's costs related to the earlier application, including those reserved on specific dates, with costs to be agreed or, failing agreement, assessed on a party/party basis.

The primary legal issue before the court was the determination of costs. Specifically, the court was required to decide whether the husband should be ordered to pay the wife's costs for her Initiating Application filed in December 2013, and what the basis of those costs should be. Additionally, the court had to determine the outcome of the wife's Application in a Case filed in April 2015.

The court ordered that the husband pay the wife's costs of and incidental to her Initiating Application filed on 2 December 2013, encompassing the costs previously reserved on 4 February 2014, 5 March 2014, and 26 August 2014. These costs were to be settled by agreement between the parties, or in the absence of agreement, on a party/party basis. The wife's Application in a Case filed on 17 April 2015 was otherwise dismissed.