Wendon and Padbury (No.2)

In the Federal Circuit Court of Australia, Judge Harman considered an application by Ms Wendon (the Applicant) against Mr Padbury (the Respondent). The dispute concerned an application for a stay of proceedings, which followed substantive proceedings that had concluded with a judgment delivered on 9 July 2018.

The court was required to determine whether to grant the Applicant's request for a stay of proceedings. Additionally, the court was tasked with assessing and ordering costs in relation to both the concluded substantive proceedings and the recent application for a stay.

Judge Harman dismissed the application for a stay. In relation to costs, the court ordered the Respondent to pay the Applicant a contribution towards her costs in the substantive proceedings amounting to $32,435.60. Further, the Respondent was ordered to pay $2,987 for the costs incurred in resisting the application for a stay. These sums, when added to previously ordered costs, brought the total costs payable by the Respondent to $52,837.60, plus accrued interest and any future recovery costs. The court stipulated that these costs were to be paid by 24 September 2018, with provisions for interest and enforcement proceedings should payment not be made by that date.