Shnell & Frey (No 2)

In *Shnell & Frey (No 2)*, the wife applied to the Federal Circuit and Family Court of Australia for a stay of the hearing of the husband's application for costs. The husband sought his costs of and incidental to final property proceedings.

The primary legal issue before Carew J was whether the wife's application for a stay of the costs hearing should be granted. A secondary issue arose concerning the husband's costs incurred in responding to the wife's stay application, given the wife's ultimate lack of success.

Carew J dismissed the wife's application for a stay. The court reasoned that there was no basis to grant a stay of the costs hearing, particularly as the wife had been wholly unsuccessful in her application. Consequently, the wife was ordered to pay the husband's costs of the stay application, which were fixed at $1,000.