D & D (Costs) (No 2)

The case of D & D (Costs) (No 2) involved a dispute between a husband and wife regarding costs associated with a prior appeal and an application for leave to adduce further evidence. The matter was heard in the Family Court of Australia. The wife sought costs from the husband on a party/party basis, while the husband opposed the application on the grounds of excessive costs and a lack of success. The Receiver also sought costs from the husband in relation to the application for leave to adduce further evidence.

The legal issues before the court included the determination of the appropriate costs order for the wife's appeal and the husband's application for leave to adduce further evidence. The court had to consider the principles of cost orders in family law cases and the balance between success and proportionality of costs. The court also had to assess whether the husband's application for leave to adduce further evidence was an abuse of process or a genuine attempt to adduce relevant evidence.

The court found that the wife's costs in relation to the appeal were reasonable and proportionate. The judge acknowledged that the husband had been largely successful in the appeal but emphasised the importance of the wife's persistence in pursuing her appeal despite the husband's success. The court also found that the husband's application for leave to adduce further evidence was not an abuse of process, but rather a genuine attempt to present new evidence. However, the judge considered the costs associated with the application to be excessive and ordered the husband to pay the wife's and the Receiver's costs on a party/party basis. The court made orders for the husband to pay the wife's and the Receiver's costs in relation to the appeal and the application for leave to adduce further evidence.