LL & PL & SDP

The Full Court of the Federal Court of Australia considered an application for costs following the wife's unsuccessful application for leave to appeal. The primary dispute concerned the wife's application for leave to appeal, which was ultimately dismissed by the court.

The legal issues before the Full Court were whether the wife should be ordered to pay the husband's costs of the unsuccessful application for leave to appeal, and whether the husband's case guardian should be personally liable for any costs.

The Court reasoned that as the wife's application for leave to appeal was wholly unsuccessful, the general rule that costs follow the event applied, and therefore the wife should pay the husband's costs. Regarding the case guardian, the Court found that the guardian had acted in what they perceived to be the best interests of the husband, and there was no basis to make a costs order against the guardian personally.

Consequently, the Full Court ordered that the wife pay the husband's costs.