Lake and Brand and Anor

The proceedings involved I Pty Ltd as Trustee for the I Unit Trust (the applicant) and the wife (the respondent). The dispute concerned costs orders arising from an application filed on 16 November 2015, which was subsequently dismissed. The matter came before Macmillan J.

The primary legal issue before the court was the determination of costs payable by the applicant to the respondent in relation to specific applications filed by the respondent on 12 December 2014 and 22 October 2015. The court was required to consider whether the applicant should bear the costs associated with these applications, notwithstanding the dismissal of its own subsequent application.

Macmillan J ordered that I Pty Ltd as Trustee for the I Unit Trust pay the wife’s costs of and incidental to the Response to Initiating Application filed 12 December 2014 (as amended) and the Notice of Discontinuance filed 22 October 2015, fixing these costs at $30,184.28. The court further directed that a sealed copy of the orders and reasons for judgment be served on I Pty Ltd by prepaid post to its registered office. The Application in a Case filed 16 November 2015 was otherwise dismissed.