Dawson v Joyner (No 2)

The Dawson v Joyner (No 2) case involved an application for family maintenance and provision by the applicant against the respondent. The application was unsuccessful, and the court was required to determine the appropriate basis for awarding costs to the respondent. The court considered the unsuccessful nature of the application and the conduct of the parties throughout the proceedings.

The legal issues before the court involved determining the appropriate basis for awarding costs to the respondent. The court had to consider the unsuccessful nature of the application and the conduct of both parties during the proceedings. The court also had to decide if the applicant's conduct warranted indemnity costs.

The court found that the applicant's application was unsuccessful and, therefore, the respondent was entitled to costs. The court also found that the applicant's conduct throughout the proceedings was unreasonable and vexatious, warranting indemnity costs. The court awarded costs on the standard basis up until 16 June 2010 and on the indemnity basis thereafter.

The orders of the court were that the applicant pay the respondent’s costs of and incidental to this proceeding on the standard basis up and until 16 June 2010, and on the indemnity basis thereafter. The court considered the unsuccessful nature of the application, the conduct of the parties, and the reasonableness of the applicant’s conduct in making its decision.