Gade and Jabbar (No.23)
Case
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[2019] FCCA 2500
•5 September 2019
Details
AGLC
Case
Decision Date
Gade and Jabbar (No.23) [2019] FCCA 2500
[2019] FCCA 2500
5 September 2019
CaseChat Overview and Summary
In the matter of *Gade and Jabbar (No.23)*, Judge Terry considered applications by Mr Gade for summary dismissal of Ms Jabbar's initiating application filed on 7 May 2019, and for an order under section 102QB of the relevant legislation. The dispute concerned the costs associated with these applications.
The court was required to determine whether Mr Gade's applications for summary dismissal and for a section 102QB order were successful, and consequently, to make orders regarding the costs of those applications.
Judge Terry ordered that Ms Jabbar pay Mr Gade’s costs of and incidental to his application for summary dismissal and his application for a section 102QB order. These costs, along with the costs of finalising the costs application, were fixed at $7,794.50. The court further ordered that these costs be charged against and deducted from any proceeds due to Ms Jabbar pursuant to Order 8 of the orders made on 11 May 2018.
The court was required to determine whether Mr Gade's applications for summary dismissal and for a section 102QB order were successful, and consequently, to make orders regarding the costs of those applications.
Judge Terry ordered that Ms Jabbar pay Mr Gade’s costs of and incidental to his application for summary dismissal and his application for a section 102QB order. These costs, along with the costs of finalising the costs application, were fixed at $7,794.50. The court further ordered that these costs be charged against and deducted from any proceeds due to Ms Jabbar pursuant to Order 8 of the orders made on 11 May 2018.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Costs
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Summary Judgment
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Constructive Trust
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Charge
Actions
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Citations
Gade and Jabbar (No.23) [2019] FCCA 2500
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801
Tsekouras v Olsen; Olsen v Tsekouras
[2007] NSWSC 556
Gade and Jabbar (No.12)
[2018] FCCA 1655