GALBADON & GALBADON
Case
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[2015] FamCAFC 59
•10 April 2015
Details
AGLC
Case
Decision Date
GALBADON & GALBADON [2015] FamCAFC 59
[2015] FamCAFC 59
10 April 2015
CaseChat Overview and Summary
The appeal involved a couple, the applicants, who were seeking an extension of time to file an application for costs in relation to a previous appeal. The case was heard in the Supreme Court of Queensland. The applicants argued that the extension was necessary due to delays caused by the respondent's legal team. The legal issues before the court were whether the applicants had a sufficient basis for their request for an extension of time, and whether the respondent should be ordered to pay the costs of the appeal.
The court considered the applicants' reasons for the delay and the impact of the delay on the proceedings. The court noted that the applicants had not acted with the necessary diligence, but also recognised that the delay was not entirely due to their actions. The court found that the applicants had a reasonable basis for their request for an extension of time and that the respondent's conduct had contributed to the delay. The court ordered that the applicants be given an extension of time to file an application for costs in the appeal, and that the respondent pay the applicants' costs of and in relation to the appeal in the amount of $800 within one month.
The court considered the applicants' reasons for the delay and the impact of the delay on the proceedings. The court noted that the applicants had not acted with the necessary diligence, but also recognised that the delay was not entirely due to their actions. The court found that the applicants had a reasonable basis for their request for an extension of time and that the respondent's conduct had contributed to the delay. The court ordered that the applicants be given an extension of time to file an application for costs in the appeal, and that the respondent pay the applicants' costs of and in relation to the appeal in the amount of $800 within one month.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Appeal
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Costs
Actions
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Citations
GALBADON & GALBADON [2015] FamCAFC 59
Most Recent Citation
Edelson & Wadding (No 2) [2024] FedCFamC2F 1669
Cases Citing This Decision
8
Roydon & Roydon
[2024] FedCFamC1A 105
Lazzari & Lazzari (No 2)
[2023] FedCFamC1F 585
Vader & Dantes (No 3)
[2023] FedCFamC1F 461
Cases Cited
4
Statutory Material Cited
2
Gallo v Dawson
[1990] HCA 30
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801
Dewell and Harris & Anor
[2019] FamCA 10