Asprey and Delamarre (Costs)
Case
•
[2013] FamCA 338
•14 May 2013
Details
AGLC
Case
Decision Date
Asprey and Delamarre (Costs) [2013] FamCA 338
[2013] FamCA 338
14 May 2013
CaseChat Overview and Summary
The application concerned an application for costs made by the applicant, Asprey, following proceedings in the Supreme Court of New South Wales before Cleary J. The specific nature of the underlying dispute that led to the application for costs was not detailed in the provided text.
The primary legal issue before the Court was whether the applicant, Asprey, should be awarded costs in relation to the proceedings. This required the Court to consider the general principles governing the award of costs in litigation and any specific circumstances that might warrant a departure from the usual order.
Cleary J dismissed the applicant's oral application for costs and ordered that there be no order as to costs. This outcome suggests that the Court found no grounds to depart from the usual practice of parties bearing their own costs in the absence of specific reasons to order otherwise, or that the applicant failed to demonstrate sufficient cause for an award of costs in their favour.
The primary legal issue before the Court was whether the applicant, Asprey, should be awarded costs in relation to the proceedings. This required the Court to consider the general principles governing the award of costs in litigation and any specific circumstances that might warrant a departure from the usual order.
Cleary J dismissed the applicant's oral application for costs and ordered that there be no order as to costs. This outcome suggests that the Court found no grounds to depart from the usual practice of parties bearing their own costs in the absence of specific reasons to order otherwise, or that the applicant failed to demonstrate sufficient cause for an award of costs in their favour.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Penfold v Penfold
[1980] HCA 4
Jonah & White
[2012] FamCAFC 200
Barry and Dalrymple (Costs)
[2011] FamCA 365