YIM & ZIETH (No.4)

In *YIM & ZIETH (No.4)*, Judge A Kelly of the Family Court of Australia considered an application by the applicant for costs against the respondent, arising from various aspects of the litigation. The applicant sought an order for costs based on the respondent's conduct throughout the proceedings.

The central legal issue before the court was whether the general principle that each party bears their own costs should yield to the court's power to award costs against a party. This involved determining the relevant considerations for exercising that power and the appropriate method for setting the quantum of such costs, including the possibility of referring the matter to taxation or fixing the amount directly.

The court reasoned that the respondent's conduct warranted an order for costs. Applying the relevant considerations, the court determined that it was appropriate to fix the quantum of costs rather than refer the matter to taxation. The court ordered that the respondent pay the applicant's costs of and incidental to the respondent's Applications in a Case filed on 25 October 2018 and 24 December 2018, the mediation, and the trial.

The total sum of costs ordered to be paid by the respondent to the applicant was fixed at $22,760. The respondent's own application for costs was dismissed.