Rendon and West and Ors (No.2)

In *Rendon and West and Ors (No.2)*, Judge A Kelly of the Family Court of Australia considered an application for costs. The dispute concerned the quantum of costs to be awarded following earlier proceedings, with the parties agreeing that the Court possessed the power to set the amount of these costs.

The central legal issue before the Court was whether the general principle that each party bears their own costs should yield to the Court's power to award costs, and if so, what considerations were relevant in determining the quantum of such an award. Specifically, the Court was required to assess the impact of an open offer made to compromise the issues in dispute and the pursuit of what were described as untenable claims.

The Court reasoned that the general principle regarding costs could be displaced in circumstances where it was appropriate to do so, particularly given the existence of an open offer to compromise and the pursuit of claims that were ultimately unsuccessful. Applying these considerations, the Court determined that an order for indemnity costs was warranted. The Court then exercised its power to set the quantum of these costs, rather than referring the matter to taxation.

The Court ordered that the first respondent pay the applicant’s costs of and incidental to the applications filed on 29 August 2017, fixing the total sum payable at $24,000.