Cabelo & Cabelo (No. 2)

In the matter of *Cabelo & Cabelo (No. 2)*, the applicant wife sought an order for the first respondent husband to pay her costs in a fixed sum, following a determination of her Amended Application in a Case by McEvoy J. The wife's application specifically concerned the costs of a hearing that took place on 11 June 2020.

The central legal issue before Macmillan J was the appropriate procedural step for determining the wife's application for costs. The court was required to decide how and before whom the wife's application for the costs of the 11 June 2020 hearing should be heard and determined.

Macmillan J reasoned that the application for costs related to a hearing already determined by McEvoy J. Consequently, the most appropriate course of action was to adjourn the wife's application for the costs of that hearing for determination by the same judge who presided over the substantive hearing. This approach ensures consistency and allows the judge familiar with the proceedings to assess the costs application.

The court ordered that the wife's application for the costs of and incidental to the hearing on 11 June 2020 be adjourned for hearing before the Honourable Justice McEvoy at 10.00 am on 8 June 2021.