N, A-B v v, AM (No 2)

This matter came before the Full Court of the Supreme Court of South Australia, comprising Nicholson, Bampton, and Hinton JJ. The dispute concerned the costs of an appeal and the trial, as well as the appropriate forum for further directions. One party, Ms V, sought to re-open the appeal, while the other, Mr N, sought orders regarding the costs of the appeal and the trial.

The primary legal issues before the court were whether Ms V's application to re-open the appeal should be granted, how the costs of the appeal should be determined, and whether the parties should bear their own costs of the trial. Additionally, the court considered the appropriate venue for the remission of the matter for further orders and taxation of costs.

The court dismissed Ms V's application to re-open the appeal. It was ordered that Ms V pay Mr N's costs of the appeal, to be taxed by a Supreme Court Master on a lump sum basis if not agreed. In relation to the trial, the court made no order as to costs, meaning each party was to bear their own costs. The court also amended orders from the principal reasons to ensure that the matter was remitted to a Master of the Supreme Court, rather than a Master of the District Court, for the making of further orders and for liberty to apply.