Aldridge v Victims Compensation Fund Corporation (No 2) [2008] NSWSC 1040

Aldridge v Victims Compensation Fund Corporation (No 2) [2008] NSWSC 1040

Although the substantive proceedings were dismissed and costs ordinarily follow the event, the combined factors of the plaintiff's impecuniosity, aboriginality, likelihood on subsequent information of satisfying qualifying factors for compensation, the public nature of the Fund and Tribunal, and the futility of the orders were sufficient in this case to overcome the general rule.

Jurisdiction
Australia
Judgment Date
07 October 2008
Procedural Posture
Consequential Costs Orders / Written Submissions After Dismissal of Substantive Proceedings
Outcome
Each party bear her or its own costs.
Legal Topics
['costs Follow the Event' 'impecuniosity' 'public Funds' 'domestic Violence Compensation Claim']
['costs' 'victims Compensation'] ['costs Follow the Event' 'impecuniosity' 'public Funds' 'domestic Violence Compensation Claim']

Case Brief

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Procedural Posture

Consequential Costs Orders / Written Submissions After Dismissal of Substantive Proceedings

Legal Issues

  1. 1 ['Whether the defendants should receive their costs after the substantive proceedings were dismissed.' "Whether the combination of the plaintiff's impecuniosity, aboriginality, likely entitlement factors on subsequent information, the public nature of the Fund and Tribunal, and the futility of costs orders justified departing from the ordinary rule that costs follow the event."]

Ratio Decidendi

Although the substantive proceedings were dismissed and costs ordinarily follow the event, the combined factors of the plaintiff's impecuniosity, aboriginality, likelihood on subsequent information of satisfying qualifying factors for compensation, the public nature of the Fund and Tribunal, and the futility of the orders were sufficient in this case to overcome the general rule.

Court Disposition

Each party bear her or its own costs.

Orders

  • ['Each party bear her or its own costs.']