Sklovsky and Gastin

In the matter of *Sklovsky and Gastin*, heard before O'Ryan J, the dispute concerned the costs of proceedings. The applicant, Ms Gastin, sought an order for costs against the respondent, Mr Sklovsky, in relation to proceedings commenced by Mr Sklovsky on 9 June 2006 and concluded by orders made on 6 June 2007.

The primary legal issue before the court was the determination of which party should bear the costs of the earlier proceedings and the subsequent application for costs. The court was also required to consider the basis upon which those costs should be assessed, specifically whether they should be taxed on a lawyer and client basis.

O'Ryan J ordered that Mr Sklovsky pay the costs of Ms Gastin incidental to the proceedings commenced on 9 June 2006 and concluded on 6 June 2007. These costs were to include legal costs incurred by Ms Gastin both prior to 9 June 2006 and subsequent to 4 April 2007. Furthermore, Mr Sklovsky was ordered to pay the costs of Ms Gastin incidental to the application for costs determined by the current orders. The quantum of these costs was to be agreed between the parties by 20 June 2008, failing which they were to be taxed by a Registrar of the Court on a lawyer and client basis.