Cassegrain v Cassegrain (No 2) [2008] NSWSC 360

Cassegrain v Cassegrain (No 2) [2008] NSWSC 360

The Court ordered the defendant to pay the plaintiff's costs because the ordinary order that costs follow the event should apply, particularly where the plaintiff had put the defendant on notice that it regarded the defendant's proceedings as incompetent and that objection was upheld; the circumstances differed from Coric because competence had not been adverted to there and that case also involved a referral for mediation by the judge of his own motion.

Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Procedure Costs / Ex Tempore Judgment on Costs Following Reasons for Judgment and Proposed Removal of the Matter Into the Court of Appeal
Outcome
Defendant ordered to pay plaintiff's costs.
Legal Topics
['costs' 'appeal to Supreme Court Instead of Court of Appeal' 'removal Into the Court of Appeal' 'competence of Appeal']
['civil Procedure'] ['costs' 'appeal to Supreme Court Instead of Court of Appeal' 'removal Into the Court of Appeal' 'competence of Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedure Costs / Ex Tempore Judgment on Costs Following Reasons for Judgment and Proposed Removal of the Matter Into the Court of Appeal

Legal Issues

  1. 1 ['Whether the costs of the proceedings before Gzell J should follow and be paid in accordance with any costs order made by the Court of Appeal, as in Coric, or whether the ordinary order that costs follow the event should be made.' "Whether the plaintiff's prior notice that it would argue the defendant's proceedings were incompetent affected the appropriate costs order."]

Ratio Decidendi

The Court ordered the defendant to pay the plaintiff's costs because the ordinary order that costs follow the event should apply, particularly where the plaintiff had put the defendant on notice that it regarded the defendant's proceedings as incompetent and that objection was upheld; the circumstances differed from Coric because competence had not been adverted to there and that case also involved a referral for mediation by the judge of his own motion.

Court Disposition

Defendant ordered to pay plaintiff's costs.

Orders

  • ['Orders made in terms of the short minutes of order proffered by the plaintiff, initialled and dated by the judge and placed with the papers.']