Waterfield v Capaldi (No 2) [2008] NSWDC 309

Waterfield v Capaldi (No 2) [2008] NSWDC 309

The plaintiff's position, including the deliberate overstatement of his assets and his insistence that the defendant make an adjustment in his favour, left the defendant with no option but to defend the proceedings and pursue her cross-claim; therefore the plaintiff had to bear the consequences by paying the defendant's costs on an ordinary basis.

Jurisdiction
Australia
Judgment Date
03 December 2008
Procedural Posture
Civil Property Relationship Proceedings / Costs Determination Following Orders Made on 28 November 2008
Outcome
The defendant was awarded costs on an ordinary basis.
Legal Topics
['property (relationships) Act' 'costs on an Ordinary Basis' 'cross Claim' 'overstatement of Assets']
['property Relationships' 'costs'] ['property (relationships) Act' 'costs on an Ordinary Basis' 'cross Claim' 'overstatement of Assets']

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Procedural Posture

Civil Property Relationship Proceedings / Costs Determination Following Orders Made on 28 November 2008

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs of the proceedings, including the costs of the cross-claim, on an ordinary basis." "Whether no order for costs or an order for only part of the defendant's costs was appropriate in light of the parties' positions and the plaintiff's overstatement of assets."]

Ratio Decidendi

The plaintiff's position, including the deliberate overstatement of his assets and his insistence that the defendant make an adjustment in his favour, left the defendant with no option but to defend the proceedings and pursue her cross-claim; therefore the plaintiff had to bear the consequences by paying the defendant's costs on an ordinary basis.

Court Disposition

The defendant was awarded costs on an ordinary basis.

Orders

  • ["Further to the orders made on 28 November 2008, order 4 was added: The plaintiff is to pay the defendant's costs of the proceedings, including the costs of the cross-claim." 'The exhibits will be returned and the offer of compromise and the time lines will be returned.']