Yu v Yu (No 2) [2021] NSWSC 26

Yu v Yu (No 2) [2021] NSWSC 26

It cannot be said that the respondent knew or should have known prior to the hearing that he had no reasonable prospects of success; most grounds for rejecting his arguments were not articulated by the applicants before the hearing, so it is not appropriate to order indemnity costs.

Jurisdiction
Australia
Judgment Date
29 January 2021
Procedural Posture
Application for Indemnity Costs / Post Settlement, Costs Determination
Outcome
Application for indemnity costs dismissed; no variation to previous costs order.
Legal Topics
['costs' 'family Provision']
['equity'] ['costs' 'family Provision']

Case Brief

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Procedural Posture

Application for Indemnity Costs / Post Settlement, Costs Determination

Legal Issues

  1. 1 ['Whether an order for indemnity costs should be made against the respondent' "Whether the respondent's opposition to the motion had no reasonable prospects of success"]

Ratio Decidendi

It cannot be said that the respondent knew or should have known prior to the hearing that he had no reasonable prospects of success; most grounds for rejecting his arguments were not articulated by the applicants before the hearing, so it is not appropriate to order indemnity costs.

Court Disposition

Application for indemnity costs dismissed; no variation to previous costs order.

Orders

  • ['First defendant/cross-claimant and second cross-claimant pay their own costs of the application for indemnity costs made by written submissions dated 28 January 2021' 'Order 4 made on 22 December 2020 otherwise operates unconditionally from 29 January 2021']