White v Patterson [2008] NSWSC 1395

White v Patterson [2008] NSWSC 1395

The 'event' for costs purposes was comprehensive success by the plaintiff; costs should follow the event without adjustment as there were no special circumstances warranting a different order.

Parties
Plaintiff: Leanne Michelle White; First Defendant: David Joseph Patterson; Second Defendant: Alice Mia Vors Patterson by her tutor Evelyn Ann Eyland
Jurisdiction
Australia
Judgment Date
23 December 2008
Procedural Posture
Property Adjustment / Post Judgment (costs Determination)
Outcome
Costs orders made; other consequential orders on property, transfer and caveat.
Legal Topics
Costs, Property Adjustment, Property (relationships) Act 1984
Equity Family Law Costs Property Adjustment Property (relationships) Act 1984

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Parties

Leanne Michelle White

Plaintiff

David Joseph Patterson

First Defendant

Alice Mia Vors Patterson by her tutor Evelyn Ann Eyland

Second Defendant

Procedural Posture

Property Adjustment / Post Judgment (costs Determination)

Legal Issues

  1. 1 Appropriate costs order following property adjustment under s 20 of Property (Relationships) Act 1984

Ratio Decidendi

The 'event' for costs purposes was comprehensive success by the plaintiff; costs should follow the event without adjustment as there were no special circumstances warranting a different order.

Court Disposition

Costs orders made; other consequential orders on property, transfer and caveat.

Orders

  • Order that the interests of the plaintiff and the first defendant with respect to property be adjusted so that (a) the plaintiff transfer one Maple-Ferryman share (if held) to the first defendant; (b) the first defendant pay the plaintiff $250,000; (c) each otherwise hold and enjoy their separate property.
  • Order that the transfer and payment be made within sixty days.