Xin & Qinlang

In the matter of *Xin & Qinlang*, Ms Qinlang (the Wife) sought an order that Mr Xin (the Husband) pay her costs in relation to costs awards she had previously obtained against him. The proceedings before Gill J concerned the Wife's application for costs incidental to her Application in a Case filed on 19 June 2020.

The legal issues before the Court were whether the default position that each party should bear their own costs should be departed from, and if so, on what basis. The Wife argued for a departure based on the parties' financial circumstances and the Husband's lack of success in prior applications.

Gill J considered the financial circumstances of both parties, noting that the Husband faced more difficult circumstances than the Wife. While this did not preclude a costs order, it weighed against making one. Regarding the Husband's success, the Court found that while he was wholly unsuccessful in relation to costs concerning his application for a stay of an order on 28 May 2020, he was not wholly unsuccessful in resisting the Wife's claim for costs related to the substitution of properties on 15 May 2020. As the two costs matters were argued together, and the Husband had not been wholly unsuccessful in both, the Court determined that the combined circumstances did not warrant a departure from the default position.

The Wife's application for costs incidental to her Application in a Case filed 19 June 2020 was dismissed.