Coulson and East (Costs Application)
Case
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[2010] FamCA 1246
•3 December 2010
Details
AGLC
Case
Decision Date
Coulson and East (Costs Application) [2010] FamCA 1246
[2010] FamCA 1246
3 December 2010
CaseChat Overview and Summary
This matter concerned an application for costs brought by Ms J Coulson, the respondent, following an unsuccessful application by Mr East for an anti-suit injunction. The decision was made by Justice Fowler.
The primary legal issue before the Court was the determination of who should bear the costs associated with Mr East's application for an anti-suit injunction and the subsequent costs application. The Court was required to decide whether the general rule that costs follow the event should apply, and if so, on what basis.
Justice Fowler ordered that Mr East was to pay the costs and disbursements of Ms Coulson in relation to both his application for an anti-suit injunction and the costs application itself. These costs were to be determined on a party/party basis and were to be paid within three months of their agreement or assessment.
The primary legal issue before the Court was the determination of who should bear the costs associated with Mr East's application for an anti-suit injunction and the subsequent costs application. The Court was required to decide whether the general rule that costs follow the event should apply, and if so, on what basis.
Justice Fowler ordered that Mr East was to pay the costs and disbursements of Ms Coulson in relation to both his application for an anti-suit injunction and the costs application itself. These costs were to be determined on a party/party basis and were to be paid within three months of their agreement or assessment.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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