Craig v Keith

In the case of Craig v Keith, the High Court considered a costs application by Mr Craig, who was successful on appeal against a spousal maintenance order made in the Family Court. The appeal was successful because the Family Court had found the de facto relationship to be of short duration, a finding the High Court did not uphold. The Court found that the relationship was not of short duration and remitted the matter to the Family Court for reconsideration. Ms Keith opposed Mr Craig's costs application, arguing that no costs award should be made against her or that the costs award should be less than what Mr Craig claimed. The Court considered the nature of the proceedings and the principle that the successful party is entitled to recover costs. It held that financial hardship was not sufficient grounds to reduce or refuse costs and that Ms Keith's arguments on appeal were lacking in merit. The Court allowed costs on a 2B basis with the exception of Item 55 which warranted a 2C categorisation. The Court also found that Mr Craig was not entitled to costs for the second and third case management conferences. The costs order made in the Family Court for the decision under appeal was set aside and costs in the Family Court were remitted to that Court for determination. Mr Craig was also entitled to disbursements totalling $12,720.37.