E. Gillese

The court reviewed written submissions regarding the costs of a motion for leave to appeal.

The moving party argued that costs should not follow the event or should be nominal, while the responding party sought costs in excess of $2,000.

The court rejected both extremes, fixing the responding party's costs at $1,400 plus GST.

The appellant appealed an order dismissing his action for failing to complete defence medical examinations.

The Court of Appeal found that while the appellant had been dilatory and uncooperative, dismissing the action is a measure of last resort.

The court allowed the appeal in part, setting aside the dismissal, ordering the appellant to pay $1,287.50 for a missed appointment, and requiring him to complete the examinations on the first available date, failing which the action would be dismissed.

The appellant appealed his conviction, arguing that the trial judge's verdict was unreasonable.

The Court of Appeal found that the trial judge properly considered the conflicting evidence, inconsistencies in the complainant's statements, and adequately explained his preference for the complainant's version of events.

The appeal was dismissed.

The appellant appealed a trial judgment regarding the equalization of net family property.

The trial judge found that the appellant had a beneficial interest in a property that had value on valuation day, despite not having legal title.

The Court of Appeal upheld the trial judge's finding, noting that the definition of 'property' in the Family Law Act is broad enough to include a beneficial interest.

The appeal was dismissed with costs.

The appellant appealed judgments regarding custody, access, child support, and property division, as well as orders preserving a boat pending appeal.

The Court of Appeal dismissed the appeals, finding no error in the trial judge's decisions on custody, access, or the imputation of income for child support.

The court granted minor variations to allow specific set-offs against child support arrears but otherwise upheld the trial judge's orders, including the requirement to sell the boat to satisfy arrears and costs.