Sharpless v McKibbin (Costs) [2007] NSWSC 1520

Sharpless v McKibbin (Costs) [2007] NSWSC 1520

The only relief granted was an adjustive property order under Property (Relationships) Act 1984, s 20, worth approximately $46,000, not a declaration of right under s 8 for $60,000 or more. Because that amount was below the Local Court General Division jurisdictional limit at commencement, UCPR r 42.30 made the starting point that the plaintiff was not entitled to costs unless otherwise ordered. The plaintiff's ultimate recovery was well below his forensic position and only somewhat above the defendant's position, so the costs could not be attributed primarily to the defendant's opposition and there was insufficient reason to depart from that starting point.

Jurisdiction
Australia
Judgment Date
30 December 2007
Procedural Posture
Costs in Proceedings Under the Property (relationships) Act 1984 Concerning Adjustment of Property Interests After a De Facto Relationship / Ex Tempore Costs Judgment After Property Adjustment Orders
Outcome
No order as to costs.
Legal Topics
['de Facto Relationship Property Adjustment' 'whether Costs Should Follow the Event' 'costs Discretion' 'substantial Success' 'local Court Jurisdictional Limit']
['family Law' 'costs' 'equity'] ['de Facto Relationship Property Adjustment' 'whether Costs Should Follow the Event' 'costs Discretion' 'substantial Success' 'local Court Jurisdictional Limit']

Case Brief

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Procedural Posture

Costs in Proceedings Under the Property (relationships) Act 1984 Concerning Adjustment of Property Interests After a De Facto Relationship / Ex Tempore Costs Judgment After Property Adjustment Orders

Legal Issues

  1. 1 ['Whether the plaintiff should have an order that the defendant pay his costs after obtaining an adjustive property order under the Property (Relationships) Act 1984.' 'Whether UCPR r 42.30 applied because the value or amount adjusted did not exceed the Local Court General Division jurisdictional limit when proceedings commenced.' 'Whether the judgment declared a right of $60,000 or more or instead made only an adjustment worth approximately $46,000.' 'Whether the plaintiff achieved substantial success sufficient to justify departure from the starting point that he was not entitled to costs.']

Ratio Decidendi

The only relief granted was an adjustive property order under Property (Relationships) Act 1984, s 20, worth approximately $46,000, not a declaration of right under s 8 for $60,000 or more. Because that amount was below the Local Court General Division jurisdictional limit at commencement, UCPR r 42.30 made the starting point that the plaintiff was not entitled to costs unless otherwise ordered. The plaintiff's ultimate recovery was well below his forensic position and only somewhat above the defendant's position, so the costs could not be attributed primarily to the defendant's opposition and there was insufficient reason to depart from that starting point.

Court Disposition

No order as to costs.

Orders

  • ['There will be no order as to the costs of the proceedings to the intent that each party bear his own costs.']