Stradford (a pseudonym) v Judge Vasta (No 2) [2023] FCA 1364

Stradford (a pseudonym) v Judge Vasta (No 2) [2023] FCA 1364

Applicant was successful on all substantive issues but provided incomplete and unreliable instructions to his expert. Respondents are to pay the applicant's costs of the substantive proceedings except for the fees and disbursements paid to the applicant's expert for preparation of reports and attendance at court, which the applicant must bear. No costs for respondents' interlocutory applications regarding costs.

Jurisdiction
Australia
Judgment Date
02 November 2023
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Costs order with carve-out in favour of applicant
Legal Topics
['costs' 'judicial Immunity' 'false Imprisonment' 'damages' 'expert Evidence']
['administrative Law' 'constitutional Law' 'human Rights'] ['costs' 'judicial Immunity' 'false Imprisonment' 'damages' 'expert Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 ["Whether respondents should pay costs associated with the applicant's expert witness" 'Whether costs should be carved out in relation to evidence abandoned at trial' "Whether applicant should pay respondents' costs associated with their expert evidence"]

Ratio Decidendi

Applicant was successful on all substantive issues but provided incomplete and unreliable instructions to his expert. Respondents are to pay the applicant's costs of the substantive proceedings except for the fees and disbursements paid to the applicant's expert for preparation of reports and attendance at court, which the applicant must bear. No costs for respondents' interlocutory applications regarding costs.

Court Disposition

Costs order with carve-out in favour of applicant

Orders

  • ["Respondents pay applicant's costs of proceeding, excluding costs referable to fees and disbursements paid to Ms Julia Bossert for expert reports and attendance at court." 'Execution of costs order stayed pending appeal (ACD54/2023) upon usual undertaking as to damages.' 'No order as to costs for interlocutory...