Troy and Troy

The parties in this matter were the appellant and the respondent, identified as husband and wife respectively. The dispute concerned an application for review, which was ultimately dismissed. The proceedings took place before the Appeal Division.

The primary legal issue before the court was the determination of the application for review. The court was also required to consider the costs of and incidental to these proceedings and the review application.

The court ordered that the appellant have leave to amend their application to seek reinstatement of Appeal NA 18 of 2006. Directions were given for the filing and service of written Summaries of Argument and Lists of Authorities by both parties. The costs of the proceedings were reserved to the Full Court. However, the application for review itself was dismissed, and the husband was ordered to pay the wife’s costs of and incidental to the review application within three months of agreement or assessment. The court also certified that it was reasonable to brief counsel for the appellant.