Ferris v Atherton (No 2) [2014] NSWDC 273

Ferris v Atherton (No 2) [2014] NSWDC 273

The Court, applying the Court of Appeal's precedent, found the application was not frivolous or vexatious and therefore costs could not be awarded against Mr Ferris. Each party is to pay their own costs of the appeal.

Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Criminal Appeal / Decision on Appeal and Costs
Outcome
Appeal allowed; costs application dismissed; each party to pay own costs
Legal Topics
['application for Apprehended Personal Violence Order' 'costs Assessment' "test for 'frivolous or Vexatious' Applications"]
['criminal Law'] ['application for Apprehended Personal Violence Order' 'costs Assessment' "test for 'frivolous or Vexatious' Applications"]

Case Brief

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Procedural Posture

Criminal Appeal / Decision on Appeal and Costs

Legal Issues

  1. 1 ['What is the correct test to apply in determining costs in apprehended personal violence order proceedings?' 'Was the application by Mr Ferris frivolous or vexatious?' 'Should costs be awarded to the respondent and if so, to what extent?']

Ratio Decidendi

The Court, applying the Court of Appeal's precedent, found the application was not frivolous or vexatious and therefore costs could not be awarded against Mr Ferris. Each party is to pay their own costs of the appeal.

Court Disposition

Appeal allowed; costs application dismissed; each party to pay own costs

Orders

  • ['Appeal allowed' "The respondent's application for costs is dismissed" 'Each party is to pay their own costs of the appeal']