Harlen and Hellyar (No. 5)

In *Harlen and Hellyar (No. 5)*, Wilson J of the Supreme Court of Tasmania was required to determine the appropriate costs orders following proceedings between the parties. The dispute concerned the division of property and the court's previous orders in relation to that division.

The primary legal issue before Wilson J was whether the usual rule that costs follow the event should apply, or if there were exceptional circumstances warranting a departure from this rule, leading to each party bearing their own costs.

Wilson J considered the history of the litigation and the conduct of the parties. His Honour concluded that, in light of the overall circumstances and the nature of the proceedings, it was appropriate to depart from the usual rule. Consequently, Wilson J ordered that pursuant to section 117(1) of the relevant legislation, each party was to bear their own costs of the proceedings.