Swarb and Swarb (No 2)

In *Swarb and Swarb (No 2)*, Stevenson J of the Family Court of Australia considered an application for costs following earlier proceedings between the husband and wife. The dispute centred on the husband's assertion of a lesser interest and value in a property located in Country D, which the wife contended was inaccurate and had unduly prolonged the litigation.

The primary legal issue before the court was whether the wife should be awarded costs against the husband, and if so, on what basis. This involved an assessment of the conduct of the parties during the proceedings, particularly the husband's alleged failure to disclose accurate information regarding his real estate holdings and their value, and the wife's overall success in the substantive proceedings.

Stevenson J reasoned that the husband's conduct, specifically his initial failure to disclose the full extent of his interest and the realistic value of the property in Country D, and his persistent assertion of an inaccurate 25 per cent interest valued at approximately US$7,500 to US$9,000, had significantly impacted the proceedings. The court found that the husband's assertions were demonstrably inaccurate, with the property's true value ultimately being determined to be $460,000. This necessitated the wife obtaining her own expert evidence, thereby incurring additional costs. The court also noted that the husband only obtained his own expert valuation evidence at a very late stage.

Consequently, the court ordered that the husband pay the wife's costs on a party-party basis, specifically those incurred as a consequence of his assertion of a 25 per cent interest in the Country D property, rather than his actual share, and the costs of the wife's valuation of that property. The quantum of these costs was to be agreed or assessed.