Suen & Kaw

In the matter of *Suen & Kaw*, the father (Mr Kaw) sought indemnity costs from the maternal grandparents (Mr Suen and Ms Chung) concerning an application filed and subsequently discontinued by the grandparents. The dispute arose in the context of proceedings concerning the welfare of a seven-year-old boy, X, whose mother had died following a motor vehicle accident involving the father.

The primary legal issue before the Court was whether to grant the father's application for indemnity costs, considering the factors outlined in section 117(2A) of the *Family Law Act 1975* (Cth). This involved assessing the financial circumstances of the parties, their conduct in the proceedings, the merits of the discontinued application, and any other relevant considerations.

Altobelli J dismissed the father's application for indemnity costs. The Court reasoned that while the grandparents' application to increase their time with X was ultimately unsuccessful and their delay in discontinuing it was not ideal, their conduct did not warrant an indemnity costs order. Crucially, the Court considered that making any costs order would likely exacerbate the existing conflict between the father and the grandparents, which would be detrimental to the child X's wellbeing. Applying the discretion afforded by section 117(1) of the *Family Law Act 1975* (Cth), the Court concluded that each party should bear their own costs.