NORRIS & DENIS (No.4)

This matter concerned an application for alteration of property interests between the Husband and Wife. The proceedings were heard by Judge Altobelli on an undefended basis, with findings made against both parties.

The central legal issue before the court was the appropriate allocation of costs following the property settlement proceedings. Specifically, the court was required to determine whether an order for costs should be made and, if so, the quantum and recipient of that order, given that the matter proceeded undefended and adverse findings were made against both parties.

Judge Altobelli reasoned that despite the undefended nature of the proceedings and findings against both parties, the Husband should bear the Wife's costs. This decision appears to have been influenced by the overall conduct of the proceedings and the findings made against the Husband, which likely outweighed any findings made against the Wife. The court ordered the Husband to pay the Wife's costs in the sum of $12,612.

Consequently, the court ordered that the Husband pay the Wife's costs in the sum of $12,612 within 28 days. All other outstanding applications were dismissed, and the matter was removed from the list of cases awaiting finalisation.