Marsh and Marsh (No 3)

This decision of Aldridge J concerned the finalisation of costs orders in proceedings between a husband and wife. The dispute revolved around the assessment and security of costs awarded to the husband.

The court was required to determine the quantum of costs payable by the wife to the husband, and to establish a mechanism for securing the payment of these costs from the wife's share of the proceeds of sale of a property.

Aldridge J made orders reflecting the agreed or assessed costs payable by the wife to the husband, totalling $127,040.38 and $36,649.25 respectively. These costs were to be secured by a charge on the wife's share of the proceeds of sale of the property at [Z Street, Suburb C], ensuring payment to the husband before any distribution to the wife. Liberty to apply was granted to the parties.