FAMILY LAW – APPEAL – Application for costs of discontinued appeal – Where the appellant discontinued an appeal at the procedural hearing one month after the filing of the notice of appeal – Where the nature of the appeal was against orders based essentially on the same facts as an earlier decision on the same issue which she had not sought to disturb – Where the merits of the discontinued appeal appeared very poor – Where the father had reasonably sought legal advice and prepared a security for costs application which was rendered unnecessary by the mother’s discontinuance – Where the material prepared for the security for costs application was applied in part to this application for costs – Application allowed – Costs fixed at $3,000.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.