Kinton and Kinton

In the matter of *Kinton and Kinton*, Justice Fowler considered an application for costs following earlier proceedings. The dispute concerned the allocation of legal costs between the parties, with the applicant seeking specific orders regarding the basis on which certain costs should be paid by the respondent.

The primary legal issue before the court was the appropriate basis for assessing the costs to be paid by the respondent to the applicant. This involved determining whether costs should be awarded on a party and party basis or an indemnity basis, and how these different bases should apply to various categories of costs incurred by the applicant.

Justice Fowler ordered that the respondent pay the applicant's costs on a party and party basis in relation to costs incurred instructing solicitors and for counsel briefed on the application. However, the court ordered that the respondent pay the applicant's solicitor's costs and disbursements, excluding counsel's fees, incurred during the period of a summary dismissal application, on an indemnity basis. The court further ordered that the respondent pay the applicant's costs of and incidental to the costs application itself on a party and party basis. The payment of these costs was to be made either forthwith upon determination if the underlying matter was concluded, or in two moieties if the underlying proceedings were ongoing.