Crest & Oates (No. 2)

In *Crest & Oates (No. 2)*, the husband sought an order for costs against the wife, claiming these additional costs were incurred due to the wife's late and inadequate disclosure of dealings with funds under her control. The wife, in turn, applied for an adjournment of the costs hearing pending her appeal in the substantive proceedings, sought the disqualification of the trial judge from hearing the costs claim, and moved for the dismissal of the costs claim itself.

The court was required to determine whether to grant the wife's applications for adjournment, disqualification, and dismissal of the costs claim. It also had to consider the merits of the husband's claim for additional costs arising from the wife's alleged disclosure failures.

Moore J dismissed the wife's applications. The judge reasoned that the wife's conduct in relation to disclosure had caused the husband to incur additional costs, justifying an award in his favour. The court found no basis to disqualify the trial judge or to adjourn the costs proceedings indefinitely.

Consequently, the court ordered the wife to pay a fixed amount of $70,000 in costs to the husband's solicitors. However, the payment of this sum was deferred until one month after the Full Court's disposition of the wife's appeal in the substantive proceedings.