GAZAL & BELROS

The appeal before the Family Court was between the father, the appellant, and the mother, the respondent, concerning family law matters. The appeal was brought by the father against orders made in earlier proceedings. The mother sought the dismissal of the appeal on the basis of the father's failure to comply with court orders and his failure to pay costs. The father argued that his solicitor was responsible for the non-compliance and that the appeal should proceed in the interests of justice.

The court was required to decide whether the appeal should be dismissed due to the father's non-compliance with court orders and his failure to pay costs. The court also needed to determine whether the appeal should proceed to address the issues raised by the father and balance the prejudice caused to each party. The court was required to consider whether the father's solicitor was responsible for the non-compliance and whether the mother and the children needed finality.

The court held that the father's failure to comply with court orders was not the fault of his solicitor, as there was no affidavit material to support this claim. The court found that the father's non-compliance was not his first failure and that the mother and the children needed finality in the matter. The court dismissed the appeal and ordered the father to pay costs to the mother. The court considered the reasonable amount sought by the mother and the circumstances justifying an order for costs. The court granted the father time to pay any order for costs.

The court ordered that the amended notice of appeal be dismissed and that the appellant pay the respondent costs of $2,100, to be paid on or before 6 November 2015.