Winter and Winter

In the matter of *Winter and Winter*, O’Reilly J considered an application by the wife for costs against the second respondent. The dispute concerned the wife's assertion that she had relied on the evidence of A Winter in settling earlier proceedings, and that this reliance was misplaced due to alleged deception by the husband.

The central legal issue before the court was whether the wife had established that her decision to settle the earlier proceedings was based on reliance on A Winter's affidavit, as opposed to the evidence provided by her late husband. This determination was crucial for assessing the wife's claim for costs against the second respondent.

O’Reilly J found that the wife had not provided evidence in her affidavits that she relied on A Winter's affidavit in settling the earlier proceedings. Instead, the court noted that the wife had consistently deposed to relying on her late husband's statements and affidavits in those proceedings. The court referred to its previous reasons for judgment of 15 October 2010, which detailed the wife's case as being concerned with deception by the husband, not by A Winter. The court concluded that the wife had the opportunity to proceed to trial in the earlier proceedings but chose to settle, and there was no evidence that she relied on A Winter's affidavit in making that decision.

The wife's applications for costs against the second respondent were dismissed.