Read the full judgment text of FCMC 6082/2014 on BabelCite. This Family Court judgment was delivered on 18 April 2018 before His Honour Judge G. Own.
Civil Procedure – Costs – Variation of costs order nisi after it became absolute – Jurisdiction – Functus officio – Slip rule – Case management powers – Costs of application – Petitioner sought to vary three costs orders nisi granted in her favour against Respondent to be taxed and paid forthwith rather than at conclusion of proceedings – Orders had become absolute and were sealed and perfected – Application filed 10 to 16 months after orders became absolute – Court held it was functus officio and application failed – No accidental slip or omission to spell out word 'forthwith' – Case management powers not exercised due to unexplained delay – Costs of application followed event and payable forthwith due to unreasonable and unmeritorious application – Procedural laxity on part of Petitioner in pursuing ancillary reliefs – Application severable and self-contained from rest of action – W's Summons dismissed; W to pay H's costs of this application, including all costs reserved, to be taxed if not agreed, and be payable forthwith.
Legal issues: Jurisdiction to vary costs order nisi after it became absolute · Application of slip rule and case management powers · Costs of the application
Outcome: W's Summons dismissed; W to pay H's costs of this application, payable forthwith.
Cited by 8 cases · Cites 1 case