SABELL & MEDHURST (NO 3)

In the matter of *SABELL & MEDHURST (NO 3)*, Rose J considered applications by both the husband and wife concerning costs and the amendment of a previous order. The dispute arose from an application to vary an existing order regarding the costs of the parties' children's primary school education and applications for costs related to subsequent court proceedings.

The court was required to determine whether to amend Order 8 of the order made on 30 June 2011, pursuant to the 'slip rule', to specify the categories of costs associated with the children's attendance at [School 1]. Additionally, the court considered the husband's application for the costs of an application heard on 9 June 2011, and the wife's oral application for the costs of the substantive proceedings.

Rose J amended Order 8 by consent, inserting specific categories of educational costs to be paid by the husband, including tuition fees, levies, books, stationery, computers, musical instruments, uniforms, and local extra-curricular expenses. The husband was also ordered to pay the wife's costs of the 9 June 2011 application in the sum of $4,760.00, with this amount to be deducted from a lump sum the wife was otherwise liable to pay the husband. The wife's application for the costs of the substantive proceedings was dismissed.