Brown and anor v Anstis anor (No 3) [2013] NSWSC 1937

Brown and anor v Anstis anor (No 3) [2013] NSWSC 1937

The plaintiffs were entitled to their costs of the application to set aside the notices to produce because the second defendant was ready to deal with the application when it arose and no evidence was identified to support assertions about the validity of the notices. The costs of the amended notice of motion should otherwise be reserved because the outcome of the transferred Family Court proceedings may affect the costs discretion, but the reserved costs should remain for determination by this Court because the notice of motion was dealt with by this Court.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Costs Determination Following Orders Setting Aside Notices to Produce and Transferring Proceedings to the Family Court of Australia / Post Judgment Costs Determination
Outcome
The second defendant was ordered to pay the plaintiffs' costs of the application to set aside the notices to produce, and the costs of the amended notice of motion were otherwise reserved.
Legal Topics
['transfer of Proceedings to Family Court of Australia' 'notices to Produce' 'reservation of Costs' 'cross Vesting']
['costs' 'civil Procedure'] ['transfer of Proceedings to Family Court of Australia' 'notices to Produce' 'reservation of Costs' 'cross Vesting']

Case Brief

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Procedural Posture

Costs Determination Following Orders Setting Aside Notices to Produce and Transferring Proceedings to the Family Court of Australia / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Whether the second defendant should pay the plaintiffs' costs of the application to set aside the notices to produce." 'Whether the costs of the amended notice of motion seeking transfer to the Family Court of Australia should be awarded or reserved.' 'Whether reserved costs should be determined by this Court or by the Family Court of Australia.']

Ratio Decidendi

The plaintiffs were entitled to their costs of the application to set aside the notices to produce because the second defendant was ready to deal with the application when it arose and no evidence was identified to support assertions about the validity of the notices. The costs of the amended notice of motion should otherwise be reserved because the outcome of the transferred Family Court proceedings may affect the costs discretion, but the reserved costs should remain for determination by this Court because the notice of motion was dealt with by this Court.

Court Disposition

The second defendant was ordered to pay the plaintiffs' costs of the application to set aside the notices to produce, and the costs of the amended notice of motion were otherwise reserved.

Orders

  • ["The second defendant is to pay the plaintiffs' costs of the application to set aside the notices to produce." 'The costs of the amended notice of motion filed by the second defendant are otherwise reserved.' 'The parties have liberty to restore the matter to the list on 7 days notice once the proceedings in the...