Draper & Jessop (Reinstatement Application)

This matter concerned an application for the reinstatement of an abandoned appeal before Boland J. The applicant wife had failed to file the required appeal books within the time stipulated, leading to the appeal being deemed abandoned. The respondent husband sought indemnity costs in relation to the application.

The primary legal issue before the Court was whether the appeal, having been deemed abandoned due to the applicant's failure to comply with procedural timeframes, should be reinstated. A secondary issue concerned the appropriate order for costs, specifically whether the respondent was entitled to indemnity costs or if a party and party basis was more appropriate, considering the circumstances and the provisions of section 117 of the *Family Law Act 1975* (Cth).

Applying the principles established in *Gallo v Dawson* (1990) 93 ALR 479, the Court considered the factors relevant to granting an extension of time or reinstatement of an appeal, including the applicant's explanation for the delay, the merits of the proposed appeal, and the prejudice to the respondent. The Court found that the circumstances justified the reinstatement of the appeal. Regarding costs, while acknowledging the respondent's request for indemnity costs, the Court determined that there were circumstances justifying a departure from such an order. Instead, costs were awarded on a lump sum party and party basis to mitigate further costs and delays associated with a formal assessment. The Court then made detailed orders regarding the preparation and filing of appeal books, the exchange of submissions, and liberty to apply for further directions.