Stapleton and Bryant

In *Stapleton and Bryant*, heard before Mushin J, the proceedings concerned an application by the father which was subsequently discontinued. The mother sought costs thrown away as a result of this discontinuance.

The primary legal issue before the court was whether the mother should be awarded her costs thrown away due to the father's discontinued application, and if so, the quantum of those costs. The court also considered whether the attendance of counsel was reasonably required for the proceedings.

Mushin J ordered that the father pay the mother's costs thrown away, fixing the sum at $921. However, the court stayed the payment of this sum for a period of six months. All first instance applications were dismissed and removed from the list of cases awaiting hearing. The court further certified that the matter reasonably required the attendance of counsel pursuant to Rule 19.50 of the *Family Law Rules 2004*.