Yum and WEN and Ors

In the matter of *Yum and WEN and Ors*, Watts J considered an application concerning costs. The dispute arose from a discontinued application brought by the wife against the third respondent, and a subsequent application for costs by the third respondent against the wife. The second respondent also sought costs against the wife.

The primary legal issue before the court was the appropriate allocation of costs following the wife's discontinuation of her application against the third respondent. The court was also required to determine the costs application made by the second respondent against the wife.

Watts J ordered that the wife pay a total of $12,000 to the third respondent for costs, comprising $10,000 for the discontinued application and $2,000 for the costs of the current application. However, this obligation was made conditional on the husband first paying $6,000 to the third respondent as a partial payment of the wife's costs, with written notification to the wife. If the husband complied with this order, the wife would then be liable for the remaining $6,000. The court dismissed the second respondent's application for costs against the wife. The matter was subsequently adjourned.