Saravinovska v Saravinovski [2020] NSWSC 1232

Saravinovska v Saravinovski [2020] NSWSC 1232

The defendants' conduct prior to the commencement of the proceeding, including lack of disclosure and refusal to provide undertakings or explanation regarding asset transfers, was so unreasonable as to warrant the commencement and maintenance of the proceeding and the award of costs to Maria. Maria acted reasonably throughout, and the court is satisfied the discretion to make gross sum costs orders should be exercised in her favour.

Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Equity / Final Orders Following Determination of Costs Dispute
Outcome
Proceeding dismissed with effect from costs orders.
Legal Topics
['costs' 'discontinuance or Dismissal' 'gross Sum Costs' 'party Conduct' 'undertakings' 'asset Transfers']
['civil Procedure' 'equity'] ['costs' 'discontinuance or Dismissal' 'gross Sum Costs' 'party Conduct' 'undertakings' 'asset Transfers']

Case Brief

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Procedural Posture

Equity / Final Orders Following Determination of Costs Dispute

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed or discontinued.' 'Which party should bear the costs of the proceeding.' 'Whether costs should be awarded on a gross sum basis.' 'Whether conduct in relation to asset transfers and undertakings justifies costs orders.']

Ratio Decidendi

The defendants' conduct prior to the commencement of the proceeding, including lack of disclosure and refusal to provide undertakings or explanation regarding asset transfers, was so unreasonable as to warrant the commencement and maintenance of the proceeding and the award of costs to Maria. Maria acted reasonably throughout, and the court is satisfied the discretion to make gross sum costs orders should be exercised in her favour.

Court Disposition

Proceeding dismissed with effect from costs orders.

Orders

  • ['Dismiss the proceeding with effect from the making of the final costs orders.' "Order the defendants to pay Maria's costs of and incidental to the proceeding as follows: (i) Maria's costs up to and including 14 April 2020 fixed and to be paid as a gross sum in the amount of $48,000; (ii) Maria's costs from 15...