Orwell and Yan

In *Orwell and Yan*, heard before Cohen J, the husband appealed a decision of Magistrate Wynhausen made on 28 November 2006 in the Local Court Family Matters, St James. The appeal concerned the wife's costs in relation to her application for costs.

The central legal issue before Cohen J was the determination of the husband's liability for the wife's costs associated with her application for costs, arising from the original decision of Magistrate Wynhausen.

Cohen J ordered that the husband was to pay the wife's costs, either as agreed between the parties or as taxed by the court. These costs were to cover both the husband's appeal and his application for leave to appeal the Magistrate's decision. The payment was to be made within one month of the agreement on the quantum of costs, or within one month of the completion of taxation if agreement could not be reached.