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No costs of appeal where child relocation action to be remitted for rehearing
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The Court of Appeal makes no order as to costs in a case concerning the relocation of adolescent children of a marriage to another jurisdiction, where the matter had been remitted to the High Court. The court's view was that the litigation, centered on the welfare and best interests of the children, did not fit within a simple "win/lose" framework, and that no evidence was presented to suggest that the costs of the appeal were materially increased by either party's conduct.
Court of Appeal, child relocation, rehearing, High Court, costs order, family law proceedings, welfare of children, best interests, judicial separation, matrimonial proceedings, Veolia principles, no order as to costs, discretion of the court, constitutional rights, interlocutory application, public interest, fairness and equity, non-disclosure, ancillary relief, family assets.
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