Dubois & Kusumo (No 2)
Case
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[2019] FamCA 641
•11 September 2019
Details
AGLC
Case
Decision Date
Dubois & Kusumo (No 2) [2019] FamCA 641
[2019] FamCA 641
11 September 2019
CaseChat Overview and Summary
In *Dubois & Kusumo (No 2)*, Wilson J of the Federal Court of Australia considered an application concerning costs. The specific nature of the dispute between the parties, Dubois and Kusumo, is not detailed in the provided text, but the application itself related to the determination of costs.
The primary legal issue before the Court was whether the costs of the application should be determined immediately or deferred until after the trial of the main proceeding.
Wilson J reasoned that the appropriate course was to reserve the determination of costs. This approach allows for a comprehensive assessment of the overall conduct of the parties throughout the entire litigation, including the trial, before making a final decision on costs. The Court applied the general principle that costs often follow the event, but that flexibility exists to defer such orders when it is more just and convenient to do so.
The Court ordered that the costs of and incidental to the application were to be determined after the trial of the proceeding.
The primary legal issue before the Court was whether the costs of the application should be determined immediately or deferred until after the trial of the main proceeding.
Wilson J reasoned that the appropriate course was to reserve the determination of costs. This approach allows for a comprehensive assessment of the overall conduct of the parties throughout the entire litigation, including the trial, before making a final decision on costs. The Court applied the general principle that costs often follow the event, but that flexibility exists to defer such orders when it is more just and convenient to do so.
The Court ordered that the costs of and incidental to the application were to be determined after the trial of the proceeding.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
Actions
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Citations
Dubois & Kusumo (No 2) [2019] FamCA 641
Most Recent Citation
Chen and Chen & Ors (No. 2) [2020] FamCA 620
Cases Cited
3
Statutory Material Cited
2
DUBOIS & KUSUMO
[2019] FamCA 567
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801
Penfold v Penfold
[1980] HCA 4