Raymond & Raymond (No 2)

The Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction, dealt with an appeal between Mr Raymond and Ms Raymond, primarily focusing on the issue of costs incurred during the appeal. Mr Raymond, the appellant, sought the grant of costs certificates to both parties while Ms Raymond, the respondent, requested party/party costs of the appeal. The respondent also made an offer in writing to concede the appeal on the single ground upon which it succeeded, and argued that the appellant pursued many grounds without merit. The court was required to decide whether the appellant should be granted costs certificates or if the respondent should be awarded party/party costs of the appeal, considering the financial positions of both parties and the merit of the grounds pursued.

The court examined the nature of the appeal and the grounds presented by both parties. It was noted that the appeal succeeded on one ground, while many others were pursued without merit. The respondent's offer to concede the appeal on the successful ground was taken into account, as well as the financial disparity between the parties. The court reasoned that the appellant, being in a stronger financial position, should contribute to the respondent's costs of the appeal. The court dismissed the appellant's application for costs certificates and instead ordered the appellant to pay a proportion of the respondent's costs of and incidental to the appeal in a fixed sum of $10,000.

In summary, the court dismissed both the appellant's and respondent's applications for costs but ordered the appellant to pay a fixed sum of $10,000 towards the respondent's costs of the appeal. The court's decision was based on the merit of the grounds pursued and the financial positions of the parties. This order ensures that the respondent receives some financial compensation for the costs incurred during the appeal, while also acknowledging the appellant's stronger financial position.