Drysdale and Drysdale (Costs)

The case involves a dispute between a husband and wife, referred to as Drysdale and Drysdale, regarding costs associated with an application for leave to appeal. The matter was heard in the Family Court of Australia. The central issue before the court was the allocation of costs incurred during the husband's application for leave to appeal, which had been filed on 21 December 2010. The court had to determine whether the husband should bear the wife's costs and whether the costs should be assessed on a party and party basis.

The court examined the principles of cost allocation in family law matters, particularly focusing on the discretion exercised under section 109A of the Family Law Act 1975. It assessed the conduct of both parties and the merits of the husband's application for leave to appeal. Ultimately, the court found that the husband's application for leave to appeal was not well-founded and that the costs incurred by the wife were reasonable and necessary. Consequently, the court ordered that the husband should pay the wife's costs of and incidental to his application for leave to appeal as agreed or assessed on a party and party basis.