Lenz & Ors and Cull

The proceeding before Rees J involved a dispute between a wife, a husband, and a third party, Lenz Investments Pty Limited. The wife had filed an application against the third party, which the third party sought to have summarily dismissed. The court was required to determine the wife's liability for the costs incurred by the third party in relation to these applications, as well as the husband's costs in relation to the wife's application against the third party.

The court's reasoning focused on the wife's unsuccessful application against the third party. By ordering the wife to pay the costs of the third party, the court implicitly found that the wife's application lacked merit or was otherwise unsuccessful. Similarly, the order for the wife to pay the husband's costs in relation to the application against the third party indicated that the husband was successful in defending against or opposing that application. The court also made specific orders regarding the assessment and payment of these costs, including certification for the engagement of senior and junior counsel for the third party and provisions for payment from the wife's property settlement entitlements.

The final orders directed the wife to pay the costs of Lenz Investments Pty Limited in relation to her application and the third party's application for summary dismissal. The wife was also ordered to pay the husband's costs concerning her application against the third party. Further orders stipulated that the wife would bear the costs of the assessor if the assessed costs were below a specified amount, and that any costs payable by the wife would be satisfied from her property settlement.