G R VAUGHAN (HOLDINGS) PTY LTD & ANOR V VOGT & ANOR [2006] NSWCA 263

G R VAUGHAN (HOLDINGS) PTY LTD & ANOR V VOGT & ANOR [2006] NSWCA 263

There were no reasonable prospects of success that the Trial Judge miscarried his discretion in ordering Colin Vaughan to pay part of Vogt’s costs due to Vaughan’s unsatisfactory conduct in concealing material facts and documents, the late revelation of his case, and contributing to complexity and expense of the proceedings. The breadth of the discretionary power as to costs under s.98 of the Civil Procedure Act 2005 (NSW) allows, in exceptional cases such as this, for a successful party to be ordered to pay costs to the unsuccessful party.

Parties
Claimant: G R Vaughan (Holdings) Pty Limited; Claimant: Colin Raymond Vaughan; Opponent: Russell Keith Vogt; Opponent: Peter Victor Duncan
Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination on Leave to Appeal Costs Order
Outcome
Summons for leave to appeal dismissed with costs
Legal Topics
Costs, Family Provision, Notional Estate, Testamentary Capacity, Discretionary Costs Orders
Civil Procedure Succession Law Costs Family Provision Notional Estate Testamentary Capacity Discretionary Costs Orders

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Parties

G R Vaughan (Holdings) Pty Limited

Claimant

Colin Raymond Vaughan

Claimant

Russell Keith Vogt

Opponent

Peter Victor Duncan

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination on Leave to Appeal Costs Order

Legal Issues

  1. 1 Whether the Trial Judge erred in ordering the successful party (Colin Vaughan) to pay part of the costs of an unsuccessful party (Vogt) despite Colin Vaughan’s success on the substantive issue
  2. 2 Legal basis and limits of the discretionary power to make such an order for costs

Ratio Decidendi

There were no reasonable prospects of success that the Trial Judge miscarried his discretion in ordering Colin Vaughan to pay part of Vogt’s costs due to Vaughan’s unsatisfactory conduct in concealing material facts and documents, the late revelation of his case, and contributing to complexity and expense of the proceedings. The breadth of the discretionary power as to costs under s.98 of the Civil Procedure Act 2005 (NSW) allows, in exceptional cases such as this, for a successful party to be ordered to pay costs to the unsuccessful party.

Court Disposition

Summons for leave to appeal dismissed with costs

Orders

  • Summons for leave to appeal dismissed with costs