Wong v Wong (No 2) [2022] FCA 269

Wong v Wong (No 2) [2022] FCA 269

In all the circumstances, including the interrelated factual matters between substantive and relief disputes, the late withdrawal of the executory order and comparative significance of the parties' involvement, it is just that Mr Wong pay 75% and Bankwest pay 25% of the second respondent’s costs of the interlocutory application on the usual basis. No special or unusual features justify indemnity costs against Bankwest.

Jurisdiction
Australia
Judgment Date
24 March 2022
Procedural Posture
Interlocutory Application / Costs Determination Following Declaration and Dismissal
Outcome
Orders as to costs made; applicant to pay 75% and third respondent to pay 25% of second respondent's costs; no order as to costs on contest over costs.
Legal Topics
['costs' 'settlement Agreements' 'enforceability of Agreements']
['commercial and Corporations'] ['costs' 'settlement Agreements' 'enforceability of Agreements']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Determination Following Declaration and Dismissal

Legal Issues

  1. 1 ['Appropriate allocation of costs following interlocutory application seeking declaration of binding settlement agreement' 'Implications of late withdrawal of executory order application' 'Entitlement to indemnity or party-party basis for costs']

Ratio Decidendi

In all the circumstances, including the interrelated factual matters between substantive and relief disputes, the late withdrawal of the executory order and comparative significance of the parties' involvement, it is just that Mr Wong pay 75% and Bankwest pay 25% of the second respondent’s costs of the interlocutory application on the usual basis. No special or unusual features justify indemnity costs against Bankwest.

Court Disposition

Orders as to costs made; applicant to pay 75% and third respondent to pay 25% of second respondent's costs; no order as to costs on contest over costs.

Orders

  • ['The applicant is to pay 75% of the costs of the second respondent of and incidental to the hearing and determination of the interlocutory application, as agreed or assessed.' 'The third respondent is to pay 25% of the costs of the second respondent of and incidental to the hearing and determination of the...