Ebner & Pappas & Anor (Costs)

The appeal was brought by the husband, Mr Ebner, against an order that he pay the wife, Ms Pappas, costs of a proceeding concerning their property settlement. The matter came before the Family Court of Australia. The wife sought costs of an appeal she had lodged against a property settlement order. The husband opposed the application for costs on the basis that the appeal had been unmeritorious.

The court had to determine the appropriate costs order for the wife’s application and the costs of that application. The court considered the husband’s opposition to the wife’s application for costs and the wife’s response to the opposition. The court had to decide whether the wife’s appeal was meritorious and whether the husband’s opposition was frivolous or vexatious.

The court found that the wife’s appeal had been successful and that the husband’s opposition was without merit. The court held that the husband should pay the wife’s costs of the application and costs of the appeal on a party/party basis until 19 August 2014 and on an indemnity basis thereafter. The court further held that the husband should pay the wife’s costs of the costs application on a party/party basis. The court noted that the husband had not provided any evidence to support his opposition to the wife’s application for costs and that the wife’s appeal had been successful.