The Protective Commissioner v "D" & Ors (No 3) [2005] NSWCA 31

The Protective Commissioner v "D" & Ors (No 3) [2005] NSWCA 31

The Court held that the intent of Protective Commissioner (No 2) was that the Protective Commissioner pay all the costs of the proceedings, including the costs of Protective Commissioner (No 2), because the costs issue in the second judgment was integral to the principal proceedings. Since the order taken out did not correctly express that decision, it was amended pursuant to Supreme Court Rules Pt 20 r 10.

Jurisdiction
Australia
Judgment Date
28 February 2005
Procedural Posture
Costs Application / Court of Appeal on Written Submissions
Outcome
Order (2) made on 21 December 2004 amended.
Legal Topics
['clarification of Costs Order' 'common Fund Basis' 'protected Estates Act 1983 S 12 Application' 'amendment of Order']
['costs' 'protected Estates'] ['clarification of Costs Order' 'common Fund Basis' 'protected Estates Act 1983 S 12 Application' 'amendment of Order']

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Procedural Posture

Costs Application / Court of Appeal on Written Submissions

Legal Issues

  1. 1 ["Whether the costs order made in Protective Commissioner (No 2) should be understood to include the second respondents' costs of the costs application." "Whether order (2) made on 21 December 2004 should be amended because it did not correctly express the Court's decision."]

Ratio Decidendi

The Court held that the intent of Protective Commissioner (No 2) was that the Protective Commissioner pay all the costs of the proceedings, including the costs of Protective Commissioner (No 2), because the costs issue in the second judgment was integral to the principal proceedings. Since the order taken out did not correctly express that decision, it was amended pursuant to Supreme Court Rules Pt 20 r 10.

Court Disposition

Order (2) made on 21 December 2004 amended.

Orders

  • ['Order (2) made on 21 December 2004 be amended to read: "(2) Protective Commissioner to pay the second respondents\' costs of the s 12 application on a common fund basis."']