Keats and Reeves (No 2)

This matter concerned an application for costs by the husband against the wife following earlier proceedings. The dispute arose from the wife's failure to attend a court hearing on 30 November 2010, which led to the husband's application in a case filed on 3 June 2009 being heard and determined in her absence. The court was therefore required to consider the appropriate costs order to be made against the wife.

The central legal issue before the court was whether the wife should be ordered to pay the husband's costs on an indemnity basis. This required the court to assess whether the wife's conduct in failing to attend the hearing warranted a departure from the usual order for costs on a party and party basis.

Justice Cohen ordered that the wife pay the husband's costs of the application on an indemnity basis, fixing the amount at $23,153.50. This order was made within one month of the judgment. The court noted that the wife was not in attendance when the matter was called.