FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – EXTENSION OF TIME – where the wife sought an extension of time to file an application for costs – where the husband has not responded to the application – where there was an adequate explanation for the failure to comply with the timeframe provided in the Rules – where the husband’s conduct provides significant support for the wife’s application – where the interests of justice demand that the application be granted – application granted.
FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – where the wife seeks that the husband pay her costs of and incidental to the appeal filed by him on 19 January 2010 – where the wife seeks that costs be paid on an indemnity basis – where the husband failed to respond to the wife’s application – where the conduct of the husband and his failure to comply with court orders provide circumstances that justify an order for costs – where there are no exceptional circumstances that justify an order for indemnity costs – husband to pay the wife’s costs assessed on a party/party basis in default of agreement.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.