Tian and Fong (Costs)

The matter of Tian and Fong involved the determination of costs associated with an appeal lodged by the Appellant, Tian, against the Respondent, Fong, who was her former husband. The appeal centred on the financial consequences of their divorce, specifically the costs incurred during the appeal proceedings that were finalised by a judgment on 15 December 2010. The primary issue before the court was the allocation of these costs between the parties.

The court had to decide whether the Respondent, Fong, should bear the costs of the appeal proceedings initiated by the Appellant, Tian. This decision required the court to consider the principles governing the allocation of costs in family law cases, particularly those related to appeals. The court was also tasked with determining the appropriate manner of assessing and quantifying these costs, including whether the costs should be shared or borne solely by one party. Additionally, the court had to decide on the timeframe for the submission of a Bill of Costs.

In rendering its decision, the court ruled that the Respondent, Fong, should pay the Appellant, Tian’s, costs of the appeal proceedings. The court emphasised the importance of ensuring that the financial burden of litigation is allocated fairly, taking into account the principles of justice and the conduct of the parties. The court also specified that the costs should be assessed on a party and party basis, meaning that each party would bear their own costs. Furthermore, the court extended the time for the filing of a Bill of Costs to allow the parties to agree on the quantum of costs or for the matter to be determined under the Rules of Court. This extension provided flexibility in ensuring that the costs were accurately and fairly determined.