Belrose and Kendrick and Anor (No.2)

In *Belrose and Kendrick and Anor (No.2)*, the wife sought an order that the husband pay her costs of an Application in a Case filed on 21 March 2017 on an indemnity basis. The husband opposed this application, arguing that if any costs were ordered, they should be on a party/party basis. The wife contended that the husband had unduly and imprudently prolonged the proceedings, thereby necessitating her application. Conversely, the husband submitted that the wife's application was a consequence of her acting outside the scope of existing court orders. The matter was heard by Judge Bender.

The central legal issue before the court was whether the husband should be ordered to pay the wife's costs of the Application in a Case, and if so, on what basis – indemnity or party/party. This required the court to consider the conduct of the parties in relation to the proceedings and determine if the threshold for an indemnity costs order had been met.

Judge Bender determined that the husband should pay the wife's costs of the Application in a Case. However, the court found that there were no exceptional circumstances to justify an order for indemnity costs. Consequently, the husband was ordered to pay the wife's costs on a party/party basis in the sum of $9,486.00.