MARSHALL v BROOKES [1995] NSWCA 275

MARSHALL v BROOKES [1995] NSWCA 275

Costs have been needlessly incurred due to the opponents' failure to provide an address for service and conform to Rules of Court; therefore, the opponents must pay the claimant's costs for relevant hearings and appointments.

Parties
Claimant: Marshall; Opponent: Brookes
Jurisdiction
Australia
Judgment Date
06 March 1995
Procedural Posture
Appeal / Costs Determination
Outcome
costs awarded to claimants against opponents
Legal Topics
Service of Documents, Address for Service, Costs in Civil Proceedings
Practice and Procedure Service of Documents Address for Service Costs in Civil Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Marshall

Claimant

Brookes

Opponent

Procedural Posture

Appeal / Costs Determination

Legal Issues

  1. 1 necessity to provide address for service
  2. 2 costs incurred by failure to conform to rules
  3. 3 applicant's absence from court

Ratio Decidendi

Costs have been needlessly incurred due to the opponents' failure to provide an address for service and conform to Rules of Court; therefore, the opponents must pay the claimant's costs for relevant hearings and appointments.

Court Disposition

costs awarded to claimants against opponents

Orders

  • Mr and Mrs Brookes to pay Mr and Mrs Marshall's costs of first appointment to settle appeal index on 20 April 1994
  • Mr and Mrs Brookes to pay costs of second appointment on 1 July 1994