CO-RESPONDENT TO PAY FULL COSTS

Dominion, Volume 37, Issue 279, 22 August 1944, Page 6

CO-RESPONDENT TO PAY FULL COSTS

Order Made In Divorce Case Costs were fixed in the Supreme Court, Wellington, yesterday by Mr. Justice Smith in the case in which a petition by Eileen Alice Lewis for divorce from Cyril Henry Lewis, company manager, Wellington. on tlie ground of three years' separation under a separation order, was dismissed last week. Defending this on the ground Hint, the separation was caused by her desertion, and cross-peti-tioning on the ground of ndtillery, in which James Faul Kavanagh, barrister and law reporter, was cited ns co-respon-dent. her husband was granted n decree nisi. His Honour said that though tlie husband was an innocent man. an order would have to be made that he pay the costs of his wife’s defence. On the other hand, eo-resjiondent well knew that Mrs. Lewis was a married woman and nothing could be said in favour of bis conduct, which had helm dishonourable and disgraceful. lie would be ordered to pay the full costs. An order was made that £BO be fixed as the full amount payable by the husband to his wife for all her costs, witnesses’ expenses, ‘disbursements, etc. Au order was made that tlie £l5/15/- payable In the wife on (be earlier appeal heard by the Court of Appeal bo paid by the co-respondent. With regard to the divorce suit, co-resiioiidcnf was ordered to i>ay the husband’s costs on the higher scnlc as on a defended suit, together with all witnesses' expenses and disbursements. He was also ordered to pay £lii/1-‘/-a day for each of the four extra days of the proceedings. Co-respondent was further ordered to pay to the husband the £BO payable by him to bis wife out of the security in Court.