White and White (No 2)

In this matter before Gill J, the Wife sought costs from the Husband following proceedings related to the enforcement of final orders made in January 2019. The dispute arose from difficulties in complying with those final orders, which necessitated two court appearances. While the parties ultimately resolved the contentious issues through cooperation, the Wife contended that the Husband's actions had hindered compliance.

The central legal issue before the court was whether the Husband should be ordered to pay the Wife's costs, given the context of the parties' overall difficulties in complying with the final orders and the Husband's alleged role in derailing compliance.

Gill J reasoned that while the Husband's actions contributed to the non-compliance, these actions occurred within the broader context of the parties' ongoing struggles to adhere to the original orders. Despite this, the court found that the Husband bore some responsibility for the costs incurred by the Wife in seeking enforcement. Consequently, the court ordered the Husband to pay half of the Wife's costs associated with her Application in a Case filed on 17 April 2019, to be agreed upon or assessed. The Wife's application was also transferred to the Registrar's list, to be discharged upon notification of compliance or after 56 days, unless relisted.