Prentice and Sitwell and Anor

The matter of *Prentice and Sitwell and Anor* concerned an application for costs orders following earlier proceedings. The applicant, Mr Prentice, sought to recover costs from the B Partnership, and further orders were sought regarding the security and payment of these costs, as well as the husband's liability for the wife's costs. The proceedings were heard by Johnston J.

The primary legal issues before the Court were the quantum of costs payable by the B Partnership to Mr Prentice, the method by which these costs should be secured and paid, and the extent of the husband's liability to indemnify the wife for her costs. The Court was also required to determine the operative date of the orders and the husband's liberty to relist the proceedings.

Johnston J ordered that the B Partnership pay Mr Prentice the sum of $61,678.11, representing costs payable under a prior order. A charge was to be granted to secure this sum over all property of the husband and wife, ranking behind any registered mortgage, with the husband and wife to ensure prompt payment from proceeds of any real estate sale. The husband was also ordered to pay the balance of Mr Prentice’s costs, either as agreed or assessed, and to indemnify the wife for all her liability in relation to those costs. These orders were to take effect 21 days after service, with service by email being sufficient. The husband was granted liberty to relist the proceedings within this 21-day period, at his own risk as to costs.