Hampton and Farley and Ors (No 2)

In *Hampton and Farley and Ors (No 2)*, Le Poer Trench J of the Supreme Court of New South Wales considered an application concerning the costs of a witness attending court for cross-examination. The dispute involved the wife, the second respondent, and the third respondent, with the court being asked to determine who should bear the reasonable expenses incurred by Ms T, a witness, in attending court in Sydney for her cross-examination.

The primary legal issue before the court was the quantification and allocation of the reasonable expenses incurred by Ms T for her attendance at court. Specifically, the court was required to determine whether these expenses should be borne by the wife, as the party seeking the cross-examination, or by the respondents.

Le Poer Trench J reasoned that the reasonable expenses incurred by the second respondent in facilitating Ms T's attendance at court for cross-examination should be paid by the wife. The court stipulated that these expenses would be quantified by reference to documentary evidence, such as receipts, demonstrating the actual costs incurred. The cost applications of the wife, the second respondent, and the third respondent were otherwise dismissed.