Hunter and Hunter and Anor

In the matter of *Hunter and Hunter and Anor*, Hogan J considered applications for costs following proceedings between Mr Hunter and Ms Hunter, and between Mr Hunter and D Pty Ltd. The dispute concerned the division of property and related financial matters.

The primary legal issues before the court were whether the circumstances justified ordering Ms Hunter to pay Mr Hunter’s costs of the proceedings, and whether D Pty Ltd should be ordered to pay Mr Hunter’s costs in relation to the aspects of the proceedings where Mr Hunter was successful against D Pty Ltd. The court also had to determine the reasonableness of Ms Hunter’s refusal of settlement offers and the certainty of a June 2013 offer made by Mr Hunter.

Hogan J reasoned that Ms Hunter's refusal of settlement offers was not unreasonable, given the ongoing factual disputes regarding property valuations and the fact that acceptance of an earlier offer would not have resulted in her receiving the cash payment ultimately ordered. However, Hogan J was persuaded that D Pty Ltd should pay Mr Hunter's costs in relation to the successful aspects of his claim against it. This was because D Pty Ltd was wholly unsuccessful, and Hogan J found the June 2013 offer to be sufficiently certain in its terms, despite its ambiguity regarding the retention of sale proceeds. Hogan J concluded that the offer clearly proposed the sale of property, discharge of debts, and retention of the balance by the Property Trust, which aligned with the final orders made.

Consequently, Hogan J ordered that Mr Hunter's application for Ms Hunter to pay his costs of the proceedings be dismissed, save for the costs of a specific application to re-open. Ms Hunter was ordered to pay Mr Hunter's costs of that specific application. D Pty Ltd was ordered to pay Mr Hunter's costs in relation to the proceedings between them, excluding costs associated with the making of specific orders reflecting the judgment of 3 December 2015. All other outstanding applications were dismissed.