Sabado & Sabado

In the matter of PAC 5549 of 2018, Ms Sabado (the applicant) brought proceedings against Mr Sabado (the first respondent), and Ms Carmine (the second respondent). The dispute concerned an application for costs arising from the first respondent's Response, which sought orders against the second respondent and was subsequently dismissed. The proceedings were heard by Foster J.

The primary legal issue before the court was the determination of costs following the dismissal of the first respondent's application against the second respondent. This required consideration of the applicable principles governing cost orders in family law proceedings.

Foster J reasoned that the first respondent should bear the costs of the second respondent due to the dismissal of his application against her. The court applied the principle that costs generally follow the event, particularly where an application is unsuccessful. Consequently, the court ordered the first respondent to pay the second respondent's costs in a fixed sum.

The court ordered that the husband pay the second respondent's costs of and incidental to the proceedings in the sum of $10,932 within one month. Furthermore, these costs, along with any accrued interest, were to be a charge against the husband's entitlement to property adjustment in the proceedings, to be paid out prior to him receiving any such adjustment.