Bond and Pearcy

The proceedings concerned an application by the mother to dismiss the father's substantive application. The matter came before Collier J.

The primary legal issue before the court was whether the mother's application for dismissal of the father's substantive application should be granted.

Collier J dismissed the mother's application, finding that the substantive application should proceed. The court ordered that the matter be re-listed before Justice Ryan for a continuation of the trial. Directions were given for the legal representatives to contact Justice Ryan's Associate to arrange the re-listing. Leave was also granted to either party to make an application for costs of the day's proceedings before Justice Ryan, with an alternative arrangement for making such an application if Justice Ryan was unavailable.