Garone and Jolivet

This matter concerned an application for costs made by Ms Garone against Mr Jolivet in proceedings that had commenced on 25 May 2007. The application was heard by Collier J.

The primary legal issue before the court was the determination of which party should bear the costs of the proceedings that concluded on 15 October 2009, and the costs of the current hearing.

Collier J ordered that Mr Jolivet pay Ms Garone’s legal costs and disbursements relating to the proceedings commenced on 25 May 2007, from the commencement of those proceedings until the conclusion of the hearing before Flohm J on 15 October 2009. These costs were to be paid either as agreed between the parties or, if not agreed, as assessed by a proper assessing officer, and were to be paid within nine months of agreement or assessment. Furthermore, Mr Jolivet was ordered to pay Ms Garone’s costs of the current hearing, also to be paid as agreed or assessed, and payable within 12 months of assessment.