Hall v Hansen [2008] NSWSC 1200

Hall v Hansen [2008] NSWSC 1200

The making of an interim provision order constituted an event capable of a separate costs determination notwithstanding the subsequent abatement of the main proceedings following the plaintiff's death; statutory power exists to award costs relating to such interim relief, but the parties otherwise must bear their...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Family Provision Application / Judgment on Costs Following Plaintiff's Death During Hearing
Outcome
Defendants to pay plaintiff's costs of the application for interim provision. Defendants' application for costs of the proceedings against the plaintiff refused.
Legal Topics
['effect of Abatement of Claim on Death' 'costs Orders After Abatement' 'family Provision Act 1982' 'jurisdiction to Award Costs After Interim Relief']
['succession Law' 'family Provision'] ['effect of Abatement of Claim on Death' 'costs Orders After Abatement' 'family Provision Act 1982' 'jurisdiction to Award Costs After Interim Relief']

Source-derived case record

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Procedural Posture

Family Provision Application / Judgment on Costs Following Plaintiff's Death During Hearing

Legal Issues

  1. 1 ['Whether the court can make a costs order after abatement of proceedings due to death of the plaintiff during hearing' 'Whether costs can be ordered for an interim provision following abatement' 'Entitlement of defendants to costs after abatement']

Ratio Decidendi

The making of an interim provision order constituted an event capable of a separate costs determination notwithstanding the subsequent abatement of the main proceedings following the plaintiff's death; statutory power exists to award costs relating to such interim relief, but the parties otherwise must bear their own costs for the abated primary application.

Court Disposition

Defendants to pay plaintiff's costs of the application for interim provision. Defendants' application for costs of the proceedings against the plaintiff refused.

Orders

  • ['Defendants to pay the plaintiff’s costs of the application for interim provision.' 'Defendants’ application for costs of the proceedings against the plaintiff refused.']