Danks & McCabe

In the Family Court of Australia, the case of Danks & McCabe involved an appeal concerning property division and costs. The appellant left the courtroom shortly after the commencement of the appeal. The respondent and the affected person sought the dismissal of the appeal. The court was required to decide on the dismissal of the appeal and the allocation of costs between the parties.

The court considered the circumstances of the appeal and the submissions made by the parties. Given the appellant's departure from the courtroom, the court found that the appeal should be dismissed. Regarding costs, the respondent sought a party/party basis, while the affected person requested an indemnity basis. The court found that the circumstances justified an order for costs in favour of the respondent on a party/party basis, while the affected person established exceptional circumstances warranting an indemnity basis for his costs.

The court ordered that the notice of appeal filed on 6 October 2016 be dismissed. The appellant was ordered to pay the respondent's costs on a party/party basis, and the appellant was also ordered to pay the affected person's costs on an indemnity basis. These orders were subject to assessment and entry into the Court's records.