The appellant appealed the dismissal of her application to set aside a separation agreement on the basis of duress under s. 56(4) of the Family Law Act.
The Court of Appeal dismissed the main appeal, finding no palpable and overriding error in the application judge's conclusion that the appellant's vulnerabilities were compensated by independent legal advice.
On the respondent's cross-appeal regarding costs, the Court found the application judge erred in principle by using a 'cost equalization' methodology rather than applying the proper purposes of a costs award.
The cross-appeal was allowed, and the respondent was awarded $80,000 in costs for the proceeding below, plus $12,500 for the appeal.
