ZAU & UONG

The applicant, ZAU, appealed against orders made in family law proceedings, and UONG sought costs on a party/party basis. The appeal was heard by the court, which had to decide on several issues, including the appropriateness of the application filed by the applicant and the merits of the respondent’s application for costs. The applicant's application was wide-ranging and lacked focus, which led to the court questioning the necessity of the supplementary appeal book and the purpose of the application. The court found that the applicant's actions had resulted in the respondent incurring costs and that the application had no chance of success. The court determined that the respondent's impecuniosity did not preclude an order for costs where the circumstances justified such an order, and it was such a case.

The court dismissed the applicant's application and ordered the amendment of the registrar’s order to only require the filing and serving of the appeal book without a transcript by a specified date. The applicant was granted liberty to arrange with Auscript to listen to the audio of the hearing and identify relevant parts of the transcript, which they were required to provide to the court and the respondent by a certain date. The respondent was also instructed to file and serve a summary of argument and any list of authorities within 14 days of receiving the applicant’s summary of argument and list of authorities. Certain paragraphs of previous orders were discharged, and the application in the appeal was otherwise dismissed. Finally, the applicant was ordered to pay the respondent's costs of and incidental to the hearing, with costs to be assessed on a party/party basis in default of agreement.