Application by Melinda Halloran [2023] NSWSC 287

Application by Melinda Halloran [2023] NSWSC 287

In circumstances where the Court is unable to allocate responsibility for the costs of filing the summons to either party, the application for payment of the plaintiff's filing fee from funds paid into court is refused.

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Application (summons) / Final Orders Application Determined
Outcome
Application for costs from funds refused; money in Court to be paid to Ms Edwards.
Legal Topics
['payment Into Court' 'costs' 'uniform Civil Procedure Rules 2005 (nsw) R 55.9' 'court Powers Re: Filing Fee']
['civil Procedure'] ['payment Into Court' 'costs' 'uniform Civil Procedure Rules 2005 (nsw) R 55.9' 'court Powers Re: Filing Fee']

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Procedural Posture

Application (summons) / Final Orders Application Determined

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to have reasonable costs of the summons paid from money paid into court' 'Whether the Court has the power to order the filing fee be remitted']

Ratio Decidendi

In circumstances where the Court is unable to allocate responsibility for the costs of filing the summons to either party, the application for payment of the plaintiff's filing fee from funds paid into court is refused.

Court Disposition

Application for costs from funds refused; money in Court to be paid to Ms Edwards.

Orders

  • ["Paragraph 2 of the plaintiff's summons filed 6 December 2022 is dismissed." 'The moneys paid into Court pursuant to order 1 of the summons be paid to Ms Edwards.']