The appellant's application for leave to appeal a child custody order was previously dismissed.
The parties subsequently made costs submissions, with the respondent seeking substantial indemnity costs and the appellant seeking no order as to costs.
The Court of Appeal declined to award costs to the successful respondent, departing from the presumption under Rule 24 of the Family Law Rules.
The court found that the circumstances surrounding the appealed order were extraordinary, neither party behaved unreasonably, and the procedural issues were unusually complex.
