Elton and Batey-Elton (No. 2)

This matter concerned an application by the Wife in proceedings between Elton and Batey-Elton (No. 2), heard by Justice Jordan. The Wife sought various orders, some of which were opposed by the Husband and the Independent Children’s Lawyer.

The primary legal issues before the court were whether certain orders sought by the Wife in her application filed on 13 June 2008 should be dismissed or adjourned to the trial, and the appropriate costs orders to be made in relation to the hearing.

Justice Jordan dismissed paragraphs 1, 2, and 3 of the Wife's application. The court reasoned that these specific orders were not appropriate to be made at that stage of the proceedings. Consequently, the Wife was ordered to pay the costs of the Husband and the Independent Children’s Lawyer on an indemnity basis, though this payment was stayed pending the trial in November 2008. The remaining paragraphs (4-8) of the Wife's application were adjourned to the trial, with the Wife granted liberty to relist them for further hearing upon giving fourteen days' notice.