Yeo & Huy (No 2)

In *Yeo & Huy (No 2)*, Murphy J of the Federal Circuit Court of Australia considered an application by the wife to permanently stay her own initiating application, which had been filed on 30 June 2011 and subsequently amended on 21 July 2011. The husband sought costs in relation to these proceedings.

The primary legal issue before the court was whether to grant the wife's application for a permanent stay of her own proceedings. A secondary issue concerned the determination of costs, with the court needing to decide whether to make an order for costs and, if so, on what basis, given the parties' potential inability to agree.

Murphy J reasoned that a permanent stay of proceedings is an exceptional remedy, typically granted where it is vexatious, an abuse of process, or where there is no reasonable prospect of success. In this instance, the wife sought to discontinue her application, and the court found that there was no basis to refuse her request to stay her own proceedings. The court noted that the husband's claim for costs was a separate matter to be addressed.

The court ordered that the wife's initiating application be permanently stayed. In relation to costs, the parties were given 21 days to agree on any costs order. If they failed to reach agreement, they were to file written submissions within a further 14 days, with the issue to be determined in chambers unless either party contended otherwise.