Shepherd v Shepherd (on costs) [2003] NSWCA 201

Shepherd v Shepherd (on costs) [2003] NSWCA 201

Orders 1-8 in the appellant's Notice of Motion should be made, including indemnity costs and the asset preservation order, as the respondent's conduct justified such orders to ensure payment of costs and avoid dissipation of the settlement funds.

Jurisdiction
Australia
Judgment Date
24 July 2003
Procedural Posture
Appeal / Judgment on Costs
Outcome
Orders 1-8 in the appellant's Notice of Motion made. Respondent to pay appellant's costs of this Notice of Motion and to have a certificate under the Suitors' Fund Act.
Legal Topics
['indemnity Costs' 'asset Preservation Orders']
['civil Procedure'] ['indemnity Costs' 'asset Preservation Orders']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the respondent' 'Whether an asset preservation order should be made in relation to the $65,000 received by the respondent']

Ratio Decidendi

Orders 1-8 in the appellant's Notice of Motion should be made, including indemnity costs and the asset preservation order, as the respondent's conduct justified such orders to ensure payment of costs and avoid dissipation of the settlement funds.

Court Disposition

Orders 1-8 in the appellant's Notice of Motion made. Respondent to pay appellant's costs of this Notice of Motion and to have a certificate under the Suitors' Fund Act.

Orders

  • ["Orders 1-8 in the appellant's Notice of Motion are made." "Respondent to pay appellant's costs of the Notice of Motion." "Certificate under the Suitors' Fund Act to be provided."]