GONG & YEE (No.2)

In *Gong & Yee (No.2)*, Judge Harland of the Family Court of Australia considered an application by the respondent for costs following the applicant's complete failure in an application for leave to proceed out of time.

The central legal issue before the court was whether the respondent should be awarded costs given the applicant's unsuccessful attempt to obtain leave to proceed with their application.

Judge Harland reasoned that the applicant had been wholly unsuccessful in their application. In such circumstances, the general rule in family law matters is that costs follow the event, meaning the unsuccessful party is typically ordered to pay the successful party's costs. The court applied this principle to the present case.

Consequently, the court ordered that the applicant pay the respondent's costs in the sum of $7,669.00, with payment due within 60 days.