Morgan v Black (No 2) [2023] NSWSC 1158

As the Plaintiff's application was rejected for reasons unrelated to her financial position and no further application could succeed, and in the absence of submission by the Plaintiff, the usual rule that costs follow the event should not be departed from. Thus, the Plaintiff should pay the Defendant's costs on the ordinary basis.

Jurisdiction: Australia
Judgment Date: 26 September 2023
Procedural Posture: Family Provision Application / Costs Determination Following Dismissal of Claim
Outcome: Order that the Plaintiff pay the Defendant's costs of the proceedings, as assessed or agreed, on the ordinary basis.
Legal Topics: ['costs in Family Provision Cases' 'costs Follow the Event' 'impecuniosity and Costs in Family Provision Proceedings']

['equity' 'family Provision' 'costs'] ['costs in Family Provision Cases' 'costs Follow the Event' 'impecuniosity and Costs in Family Provision Proceedings']

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Procedural Posture

Family Provision Application / Costs Determination Following Dismissal of Claim

Legal Issues

1 ['Whether the general rule that costs follow the event should be departed from in family provision proceedings after dismissal of claim' "Whether Plaintiff's impecuniosity or circumstances justify departing from the usual costs order"]

Ratio Decidendi

Court Disposition

Order that the Plaintiff pay the Defendant's costs of the proceedings, as assessed or agreed, on the ordinary basis.

Orders

["Order that the Plaintiff pay the Defendant's costs of the proceedings, as assessed or agreed, on the ordinary basis."]