MILLHOUSE & MULLENS

In the matter of *Millhouse & Mullens*, heard before Carew J, the applicant sought interim orders for the valuation of a trust and its real property. The respondent sought costs on a party/party basis in relation to this interim application, to be paid within 14 days of the making of a final order in the property settlement proceedings.

The central legal issue before the court was whether to grant the interim order for the valuation of the trust and its assets. A secondary issue concerned the respondent's application for costs of the interim application.

Carew J dismissed the application for the valuation of the trust, finding that the prospect of the trust being a relevant asset or financial resource in the determination of the substantive proceedings was remote. Consequently, the court also ordered that the respondent be paid costs of the interim application on a party/party basis, with those costs to be paid within 14 days of the making of a final order in the property settlement proceedings.