30 Jun 2015
The Family Court judge did not err in principle or exercise of discretion in awarding costs and applying a 30% uplift given complexity, non‑compliance and conduct of the appellant; maintenance proceedings should be Category 2 and relationship property Category 3, requiring correction of $3,572.40, otherwise the appeal is dismissed.
24 Mar 2011
Each side enjoyed substantially equal success; applicant's settlement offers did not meet r14.11(3) and were late; the proceeding did not warrant 3B categorisation and is assessed at category 2B; applicant irresponsibly maintained serious unproven allegations without timely discovery which justifies an uplift, but because respondents delayed disclosure the uplift is reduced to 25%; resulting costs award is $12,000 to the liquidators and disbursements $2,640.89 to the applicant; no costs awarded to the applicant.
4 Dec 2008
The Court held that the defendant's conduct—making scandalous and irrelevant allegations, failing to address the core issue, reneging on a signed settlement deed and thereby causing unnecessary and substantial additional litigation—was exceptional and justified an award of indemnity costs; the Court accepted 2B categorisation, found 187 hours at $400/hr reasonable, and ordered indemnity costs of $74,800 and disbursements $170 to be met from the trust assets.