15 Oct 2013
The court held that the wife is entitled to 50% of the costs of the appeal with a certificate for three counsel; the costs of the stay proceedings heard on 22 January and 27 February 2013 are costs in the cause and awarded to the wife at 50%; and the costs below remain undisturbed.
24 Sept 2013
Non‑marital expenditure can be considered as conduct under section 7(1) but an add‑back (re‑attribution) requires clear evidence of dissipation that is wanton/reckless/extravagant or otherwise obvious and gross; absent that threshold and given the trial judge's findings on post‑separation contribution and lack of recklessness, refusal to depart from equal distribution was not plainly wrong. Conversely, a claw‑back to capture a realistic redevelopment windfall is justified to achieve fairness and was imposed in this case, and the payment figure for share transfer was corrected to reflect the w…