Caffyn and Caffyn and Anor

Caffyn and Caffyn and Anor involved a dispute between the husband and wife regarding costs incurred in a discontinued appeal. The wife had previously discontinued an appeal, EA 72 of 2018, and the court was required to determine the costs associated with this action. The primary legal issue was whether the wife should be ordered to pay the husband's costs of the discontinued appeal, and if so, in what amount and under what conditions. The court had to consider the circumstances of the discontinued appeal and the costs incurred by the husband, excluding those already subject to a previous costs order or relating to this specific application.

The court found that the wife should be responsible for the husband's costs of the discontinued appeal, excluding those specified in the previous costs order or those pertaining to the current application. The reasoning was based on the wife's decision to discontinue the appeal, which led to the husband incurring costs. The court considered it appropriate to order the wife to pay these costs to mitigate the financial impact on the husband. The order specified that the costs were to be paid within 28 days of being agreed upon or assessed on a party/party basis.

The final orders required the wife to pay the husband's costs of the discontinued appeal, excluding those already subject to a previous costs order or those relating to this application. The payment was to be made within 28 days of the costs being agreed upon or assessed. The form of the order was subject to entry in the court's records. This decision provided clarity on the financial responsibilities arising from the discontinued appeal and ensured that the husband's costs were appropriately addressed.