Macdonald v Macdonald (No 2) [2018] NSWSC 296

Macdonald v Macdonald (No 2) [2018] NSWSC 296

The plaintiff initiated the proceedings and was unsuccessful. Her admitted impecuniosity might make recovery unlikely, but it did not justify departure from the usual rule that costs follow the event; accordingly, the defendant was entitled to an order that the plaintiff pay his costs.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Costs / On the Papers; Determination of Costs Following Principal Judgment
Outcome
Plaintiff ordered to pay the defendant's costs of the proceedings; directions made for any gross sum costs application.
Legal Topics
['costs Follow the Event' 'impecunious Plaintiff' 'gross Sum Costs Order']
['civil Procedure' 'costs'] ['costs Follow the Event' 'impecunious Plaintiff' 'gross Sum Costs Order']

Case Brief

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Procedural Posture

Costs / On the Papers; Determination of Costs Following Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's impecuniosity and pro bono representation justified an order that each party pay his or her own costs instead of the usual order that costs follow the event." 'Whether the defendant should have leave and directions to apply for a gross sum costs order under s 98(4) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

The plaintiff initiated the proceedings and was unsuccessful. Her admitted impecuniosity might make recovery unlikely, but it did not justify departure from the usual rule that costs follow the event; accordingly, the defendant was entitled to an order that the plaintiff pay his costs.

Court Disposition

Plaintiff ordered to pay the defendant's costs of the proceedings; directions made for any gross sum costs application.

Orders

  • ["Order the plaintiff to pay the defendant's costs of the proceedings." 'Note that, pursuant to order (3) in the principal judgment made on 6 February 2018, the defendant has leave to apply for an order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW) that the costs be paid in a gross sum if such...