Firth v Firth (Deceased) [2016] NSWDC 282

Costs of the notice of motion should be costs in the cause, as neither party substantially assisted the other and cooperation was preferable given the limited scope of outstanding issues.

Jurisdiction: Australia
Judgment Date: 17 June 2016
Procedural Posture: Civil / Interlocutory Motion Regarding Costs Following Setting Aside of Subpoena
Outcome: Costs of the notice of motion are costs in the cause
Legal Topics: ['costs' 'subpoena' 'setting Aside Subpoena']

['practice and Procedure'] ['costs' 'subpoena' 'setting Aside Subpoena']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Interlocutory Motion Regarding Costs Following Setting Aside of Subpoena

Legal Issues

1 ['Who should pay costs of the notice of motion to set aside the subpoena']

Ratio Decidendi

Costs of the notice of motion should be costs in the cause, as neither party substantially assisted the other and cooperation was preferable given the limited scope of outstanding issues.

Court Disposition

Costs of the notice of motion are costs in the cause

Orders

['Costs of the notice of motion are costs in the cause']