TEDJA & SONY

The husband appealed against a decision of the Family Court, which had made orders in relation to the custody and residence of his children with the wife. The husband sought to disqualify the appeal judge from hearing the matter, and also sought to adduce further evidence. The wife opposed the husband’s application to disqualify the appeal judge and also opposed the husband’s application to adduce further evidence. The wife further sought an order for costs on an indemnity basis. The appeal judge found that the husband had not satisfied the relevant tests for disqualification of a judicial officer. The appeal judge found that the husband’s further evidence did not demonstrate that the order under appeal was erroneous, and so the application to adduce further evidence was dismissed. The appeal judge found that the husband’s grounds of appeal were either incompetent or irrelevant to the application before the trial judge, and had no merit. The appeal judge found that the wife’s circumstances justified an order for costs, and that even the husband’s alleged poor financial circumstances did not prevent such an order being made. The appeal judge found that the circumstances were sufficiently exceptional to warrant costs being assessed on an indemnity basis.

The husband’s application to disqualify the appeal judge was dismissed. The appeal was dismissed. The husband was ordered to pay the wife’s costs of and incidental to the appeal, such costs to be assessed on an indemnity basis in default of agreement as to the same.