Woodhouse v Woodhouse (No 2)

The appeal was heard in the Full Court of the Family Court of Australia. The parties were the husband, Robert Woodhouse, and the wife, Sharon Woodhouse. The nature of the dispute was the allocation of costs between the parties following a divorce. The case was heard in two instances, with the first proceeding being Woodhouse v Woodhouse (No 1) [2020] FCCA 2483, and the current proceeding being an appeal of the first case.

The legal issues before the court were the application of the general rule that costs follow the event and the exercise of discretion in allocating costs between the parties. The wife appealed the primary judge's decision to make a party and party costs order. The wife argued that the husband's conduct during the proceedings was vexatious and oppressive and that the primary judge should have exercised his discretion to make an order for costs against the husband. The husband argued that the primary judge was correct in making a party and party costs order as the wife's claims were not entirely without merit.

The court considered the relevant authorities and principles in relation to the general rule that costs follow the event and the exercise of discretion in allocating costs between the parties. The court held that the primary judge was correct in making a party and party costs order. The court found that the wife's claims were not entirely without merit, and therefore, the general rule that costs follow the event applied. The court also found that the primary judge had exercised his discretion appropriately in making a party and party costs order, taking into account the husband's conduct during the proceedings. The court held that the husband's conduct was not vexatious or oppressive, and therefore, the wife's appeal was dismissed.

The court dismissed the wife's appeal and affirmed the primary judge's decision to make a party and party costs order.