Carne & Ungaro

In the Federal Circuit Court of Australia, Ms Carne (the Applicant) and Mr Ungaro (the Respondent) were parties to property proceedings. The dispute concerned the payment of costs following an arbitration process that had been registered as a decree of the Court.

The primary legal issue before the Court was to determine the quantum of costs to be awarded and to make orders for their payment. The Court was also required to consider and dismiss extant cost applications.

Monahan J reasoned that a costs order was appropriate in the circumstances. The Court assessed the costs payable by the Respondent to the Applicant at $25,132. The Court ordered that the Respondent pay this sum to the Applicant within 42 days from the date of the orders, with interest to accrue on any unpaid amount at the rate prescribed by Rule 22.01 of the Federal Circuit Court Rules 2001. All other extant cost applications were dismissed.