Baldwin and Merrick and Ors (Costs)

The matter of *Baldwin and Merrick and Ors (Costs)* concerned an application for costs made by the Applicant against the Respondent. The dispute arose in the context of property settlement proceedings, and the specific costs sought related to an application filed on 2 June 2014 and costs incurred due to the adjournment of a trial listed to commence on 14 July 2014. The decision was made by Hogan J.

The primary legal issue before Hogan J was the determination of the basis upon which the Respondent should pay the Applicant's costs. Specifically, the court was required to decide whether these costs should be awarded on a standard or indemnity basis, and when such payment should be made. A secondary issue was the disposition of the Applicant's broader application for costs, which was not fully resolved by this order.

Hogan J ordered that the Respondent pay the Applicant's costs of and incidental to the application filed on 2 June 2014, as well as the costs thrown away by the adjournment of the trial. Crucially, these costs were to be paid on an indemnity basis. The quantum of these costs was to be agreed between the parties, or failing agreement, assessed on an indemnity basis. The payment was deferred, to be made within 30 days of the final order in the property settlement proceedings. The Applicant's general application for costs was adjourned to the trial judge.