POYZER & TRITTON

In the matter of POYZER & TRITTON, the wife sought an order for costs incurred in preparing for a hearing. The husband was absent from the hearing due to illness and had not had an opportunity to present his response to the wife's cost application. The proceedings were before Dawe J.

The central legal issue before the court was whether to grant the wife's application for costs, given the husband's unexplained absence and lack of opportunity to be heard on the matter. The court was required to determine how to proceed with the costs application in these circumstances.

Dawe J reasoned that it would be unjust to make an order for costs without affording the husband an opportunity to respond. Consequently, the court decided to adjourn the question of costs to a later date, allowing for further submissions or agreement between the parties.

The court ordered that paragraph 4 of the previous order of 30 September 2010 be discharged. The question of the wife’s costs for the hearing was adjourned to 8 September 2011, with liberty for the parties to vacate this listing if they reached an agreement on costs and jointly requested the Case Coordinator to do so.