Magera v McIntosh [2005] NSWSC 447

Magera v McIntosh [2005] NSWSC 447

Given the unsustainable denial of the relationship by the defendant and the intermingling of costs relating to that denial with other issues, combined with the policy objectives in the relevant rules, it was appropriate that each party bear their own costs of the proceedings.

Parties
Plaintiff: Andrew Magera; Defendant: Miriam McIntosh
Jurisdiction
Australia
Judgment Date
04 May 2005
Procedural Posture
Application for Costs / Post Trial Costs Decision
Outcome
Each party to bear own costs
Legal Topics
De Facto Relationships, Adjustment of Property Interests, Costs
Family Law Equity De Facto Relationships Adjustment of Property Interests Costs

Case Brief

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Parties

Andrew Magera

Plaintiff

Miriam McIntosh

Defendant

Procedural Posture

Application for Costs / Post Trial Costs Decision

Legal Issues

  1. 1 Entitlement to costs following judgment under Property (Relationships) Act 1984
  2. 2 Effect of offers of compromise and denial of relationship on costs orders

Ratio Decidendi

Given the unsustainable denial of the relationship by the defendant and the intermingling of costs relating to that denial with other issues, combined with the policy objectives in the relevant rules, it was appropriate that each party bear their own costs of the proceedings.

Court Disposition

Each party to bear own costs

Orders

  • Each party to bear own costs of the proceedings