Bahar and Sohrab (No. 5)

In *Bahar and Sohrab (No. 5)*, Watts J of the Federal Circuit Court of Australia considered an application by the wife concerning costs. The dispute revolved around the wife's application for costs filed on 6 March 2017, and the husband's alleged disability impacting his capacity to conduct the litigation.

The central legal issue before the court was whether the wife's application for costs should be finally determined or adjourned. This determination hinged on whether the husband continued to suffer from a disability that rendered him incapable of adequately conducting or instructing on the conduct of the case, which was a prerequisite for the wife to lead fresh evidence on the costs issue.

Watts J ordered that the wife's application for costs be stood over generally. Liberty was granted to restore the application upon the wife's application, provided 28 days' notice was given. This liberty was specifically contingent on the wife seeking to lead fresh evidence regarding the husband's ongoing disability and its impact on his capacity to conduct the case. The form of the order was subject to its entry in the Court's records.