Harris & Dewell (No 2)

In the matter of Harris & Dewell, the husband and wife were engaged in an appeal and cross-appeal concerning a family law dispute. The husband's father was also a party to these proceedings. The central issue before the court was whether the wife should be ordered to pay the costs of the appeal and the costs of the father's application for costs, given that both the appeal and cross-appeal were unsuccessful. Additionally, the court needed to determine if the husband was entitled to costs from the wife related to the preparation of appeal materials.

The court concluded that the circumstances did indeed justify the making of party and party costs orders in favour of the father and against the wife. The rationale for this decision was grounded in the fact that the wife's appeal and cross-appeal were unsuccessful and the father's involvement in the proceedings was substantial. However, the court found that the circumstances did not support a costs order in favour of the husband, as his appeal was also unsuccessful. Regarding the costs associated with the preparation of appeal materials, the court acknowledged the wife's agreement to pay half of these costs, which amounted to $5,807.31. This agreement was reflected in the final orders of the court.

The court issued several orders, including that the wife must pay the father's costs of the appeal and the costs of his application for costs on a party and party basis. Additionally, the wife was ordered to pay half of the costs incurred by the husband in preparing the appeal books and obtaining the transcript. These payments were to be made within fourteen days of the determination of the trial costs or the filing of consent orders. Each party was to bear their own costs for the appeal and the application for costs, unless otherwise specified. The form of these orders was subject to entry in the court's records.