Banks and Bevan

In the matter of *Banks and Bevan*, heard before Fowler J, the dispute concerned the payment of costs awarded to the husband. The wife was ordered to pay a total of $6,220 to the husband, representing costs for proceedings initiated by the husband for a writ for possession and further costs associated with the wife's application to extend time.

The central legal issue before the court was the timing and conditions of the wife's payment of these costs. The court was required to determine when the wife's obligation to pay the awarded costs would fall due and under what circumstances.

Fowler J ordered that the wife's payment of the total sum of $6,220, plus applicable interest, was to be made simultaneously with her receipt of entitlements under a prior Order for settlement of property dated 2 December 2006. This ensured that the costs awarded to the husband would be discharged concurrently with the wife receiving her share of the property settlement.