Baldachino and Hanas (Costs)

This matter concerned an application for costs in property proceedings between a husband and wife, heard in the District Court of New South Wales by Faulks DCJ. The specific dispute related to the wife's entitlement to costs incurred in the property proceedings from a particular date.

The central legal issue before the Court was whether the husband should be ordered to pay the wife's costs of and incidental to the property proceedings from 6 September 2006. This required the Court to consider the circumstances surrounding the litigation and the conduct of the parties in determining the appropriate cost orders.

His Honour ordered that the husband pay the wife’s costs of and incidental to the property proceedings from 6 September 2006. These costs are to be agreed between the parties, and if agreement cannot be reached, they are to be taxed by the Court.