Danford and Danford (No 2)

Case

[2010] FamCA 932

14 October 2010


Details
AGLC Case Decision Date
Danford and Danford (No 2) [2010] FamCA 932 [2010] FamCA 932 14 October 2010

CaseChat Overview and Summary

In *Danford and Danford (No 2)*, the Honourable Justice Rose considered an application by the husband for a stay of proceedings concerning orders made on 31 May 2010, pending the determination of his appeal. The wife also made an application seeking a costs order against the husband.

The primary legal issue before the court was whether to grant a stay of the earlier orders. Ancillary to this was the determination of costs related to the husband's application for the stay and the wife's application for a costs order.

Justice Rose granted the stay of proceedings on terms that the husband diligently prosecute his appeal and seek expedition of the hearing. The court also ordered that the applications for costs made by each party in relation to the husband's application be dismissed. The wife's application for a costs order was stood over to be determined after the appeal.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Stay of Proceedings

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4