Woodhouse v Woodhouse (No 2) [2022] NSWSC 338

Woodhouse v Woodhouse (No 2) [2022] NSWSC 338

The court held that costs should follow the event, as per the usual rule, and that neither the late amendment nor mixed success warranted departure from this principle. Costs were ordered in favour of the defendant and cross-claimant against the plaintiff, first cross-defendant, and the second cross-defendant.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Equity Proceedings / Post Judgment, Costs Determination
Outcome
Costs awarded to defendant and cross-claimant against plaintiff, first cross-defendant, and second cross-defendant on ordinary basis
Legal Topics
['party/party Costs' 'general Rule That Costs Follow the Event' 'discretion in Costs Orders']
['costs'] ['party/party Costs' 'general Rule That Costs Follow the Event' 'discretion in Costs Orders']

Case Brief

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Procedural Posture

Equity Proceedings / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Appropriate costs orders given mixed success in principal proceedings' 'Whether costs should be apportioned between discrete issues' 'Effect of late amendment to defence on costs']

Ratio Decidendi

The court held that costs should follow the event, as per the usual rule, and that neither the late amendment nor mixed success warranted departure from this principle. Costs were ordered in favour of the defendant and cross-claimant against the plaintiff, first cross-defendant, and the second cross-defendant.

Court Disposition

Costs awarded to defendant and cross-claimant against plaintiff, first cross-defendant, and second cross-defendant on ordinary basis

Orders

  • ["Order that the plaintiff pay the defendant's costs of the statement of claim on the ordinary basis." "Order that the first cross-defendant pay the cross-claimant's costs of the cross-claim against her on the ordinary basis." "Order that the second cross-defendants pay the cross-claimant's costs of the cross-claim...